Thursday, May 7, 2009

In Memoriam - John T "Jack" Donovan

John T "Jack" Donovan of Daly City passed away peacefully in his daughter's home in Las Vegas where he had resided since 2000.

Jack Donovan was well-loved by family and friends. He positively affected every life he touched. The twinkle in his eye and his infectious smile immediately endeared him to everyone he met.

Jack was loved by many. He had more friends than anyone else we know.

Jack Donovan Tribute
has been created as a tribute of Jack's remarkable life. If you have any special memories of Jack that you would like to share, feel free to use the Contact us page to introduce yourself.

Viewing will be held Thursday, May 7th at 3:00 P.M. with a Rosary following at 7:30 P.M. at Duggan's Serra Mortuary, Westlake Ave. Daly City, CA 94014 (650) 488-7052

Services for Jack will be held Friday, May 8th at 10:00 A.M. with a viewing at 9:30 A.M. at Notre Dame des Victoires Church, 566 Bush St. San Francisco, CA 94018 (415) 397-0113

Public Guardian of San Mateo

May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

Gast Pleads Guilty to Perjury

Register Of Actions
Case No. 27-CR-08-57579
State of Minnesota vs SHEILA KAY MARTINEK GAST
§§§§§
Case Type:
Crim/Traf Mandatory
Date Filed:
11/17/2008
Location:
Hennepin Criminal/Traffic/Petty Downtown
Party Information
Lead Attorneys
Defendant
GAST, SHEILA KAY MARTINEK BIG LAKE, MN 55309
Female05/11/1964
SHERRY, WILLIAM S
Retained

Jurisdiction
State of Minnesota
ADORADIO, EMERY EUGENE
Charge Information
Charges: GAST, SHEILA KAY MARTINEK
Statute
Level
Date
1.
Perjury
609.48.1
Felony
11/21/2005
Events & Orders of the Court

DISPOSITIONS
05/04/2009

Plea (Judicial Officer: Small, Robert M.)
1. Perjury
Guilty

Source:
State of MN - Register Of Actions

See also:
Gast Charged with Perjury

Sheila Gast - Case Files

Investigators: The Power of One

Investigators: The Power of One: A Call For Change

Commission to Stop Elder Abuse

Every year, tens of thousands of elderly Americans are abused in their own homes by care givers or in facilities where family members are paying for their care.

It’s not just physical abuse the aging generation faces. It’s also people taking advantage of their trusting nature and their money. But Ohio Attorney General Richard Cordray wants to change that, NBC 4‘s Lauren Diedrich reported.

Cordray announced the creation of the Elder Abuse Commission.

The goal of the commission is to raise awareness about elder abuse in Ohio, improve the elder justice system and identify policy, funding and programming to achieve those goals.

Cordray said the commission of various state agencies, including law enforcement, will meet regularly to discuss how to take care of seniors.

Source:
Ohio AG Creates Commission To Stop Elder Abuse

Suspected of Beating Elderly Couple

TX - Law enforcement officials are looking for man accused of pistol-whipping and robbing an elderly couple in their Pasadena home last month.

According to officials the suspect, who has not been identified, was armed with a short-barrel pistol when he burst into the home in the 3900 block of Ecuador about 9 a.m. April 7.

He held the couple captive for about an hour, allegedly beat the pair with the gun and stole cash and jewelry.

Neighbors told investigators that they had seen the suspect nearby walking in front of apartments in the 3500 block Burke before the alleged assault.

He is described as a black male between 23 and to 27 years old and between 6 feet tall and 6-foot-4, weighing between 170 pounds and 200 pounds.

He was wearing an orange and yellow safety vest, black pants and a dark shirt.

People with information about the case are urged to call Crime Stoppers at called in to 713-222-TIPS or submit tips online at http://www.crime-stoppers.org/

Crime Stoppers pays up to $5,000 for information that leads to the identification, arrest or charging of the suspect.

All tipsters remain anonymous.

Source:
Police seek suspect in beating of Pasadena couple

Mother Found in Squalor

A 47-year-old Flint man is behind bars, accused of embezzlement and neglect of his own mother.

Anthony Victor Cunturso was the caregiver and landlord to his 74-year old mother. But the prosecutor says the conditions in which he had his mother living was plain and simple abuse.

Cunturso is charged with one count of embezzlement from a vulnerable adult - -a five-year felony -- and one count of second-degree vulnerable adult abuse -- a four-year-felony. The victim in this case was his mother.

She is diabetic, deaf in one ear and also blind in one eye.

Following a tip from an MTA bus driver, sheriff's deputies entered the home where Cunturso was caring for his mother. Once inside, investigators say they couldn't believe the deplorable conditions: trash, clothing and dirty dishes strewn about the house. No running water and no heat.

Mrs. Cunturso was found on a urine-soaked, maggot-infested sofa wearing only a shirt.

If convicted of these charges, Cunturso faces nine years in prison.

Full Article and Source:
Anthony Cunturso jailed for embezzlement, elder abuse - Son charged after mother discovered in squalor

More information:
Elderly woman found in squalor, Son charged with abuse and embezzlement

Man Charged With Abusing Own Mother

Wednesday, May 6, 2009

A Journey For Justice

An only child lost his mother in an Illinois probate court to estate conservation. The unnecessary, painful, and torturous death of his dear mother began a journey for justice and accountability for her senseless death.
Read testimony here: Politics As Usual



Push The Walker

Predatory Trust



Greeley pair embark on elder abuse protest

People somehow believe that "proper planning" will alleviate the problem. Those of us who have suffered through an ordeal of probate court know better. What the court does in the guise of "advocacy and protection" is little more than imprisonment, murder and plunder.The exposure you give to this horrible violation of human rights makes you a great advocate. Paul La Bounty

Many rights are violated by starvation, drugging, restraints, deprivation, imprisonment, plundering of funds, failure to recognize prior wishes, etc., etc. etc. Illinois passed a law that allows the state to appoint a guardian to those over sixty found in a condition of self-neglect. I no longer live in that state but I am sure other states have similar legislation on the books" It is profitable!Document, Educate and Act! The vulnerable disabled deserve better. Helen La Bounty

May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

Patient Safety and Abuse Prevention Act

Congressman Joe Sestak announced the introduction of H.R. 2223, the Patient Safety and Abuse Prevention Act, which will prevent those with criminal histories from working within long-term care settings by creating a comprehensive nationwide system of background checks.

The legislation would expand a highly successful three-year pilot program, which prevented more than 7,000 applicants with a history of substantiated abuse or a violent criminal record from working with and preying upon our elders and individuals with disabilities in long-term care settings.

The bill is co-sponsored by Congress Members Vernon Ehlers, Carolyn Kilpatrick, Joe Courtney, Ellen Tauscher, and Fred Upton, and is a companion to the Senate bill S. 631, introduced by Senators Herb Kohland Susan Collins.

Full Article and Source:
Congressman Sestak Introduces Critically Needed Patient Safety Legislation

Gloria Allred Files Petition for Octo-Guardian

Gloria Allred's lawsuit that claims Nadya Suleman's eight infants need a conservator to safeguard their financial interests, now that Suleman appears closer to getting her own reality TV show. Octorazzi writer Raul Roa reports that Allred announced today she is also looking into securing a financial guardian for Suleman's six older children. She filed the petition in Orange County, where Suleman and her 14 children live.

Allred held the press conference in her L.A. office this morning. Joining her was former child actor Paul Petersen of The Donna Reed Show, who is president of A Minor Consideration, an advocacy group for child actors and workers. Allred filed the suit on behalf of Petersen's organization. City News Service quotes Allred's claim that Suleman can avoid a June 22 hearing if she voluntarily agrees to the financial guardianship of her eight youngest children.

Full Article and Source:
Allred Knows Best: Files Petition for Octo-Guardian





More information:
Suleman responds - sort of - to octuplet guardianship lawsuit

Suit filed to protect octuplets earnings, assets

Foster care for the octuplets

Allred, expert on all situations, says octuplets should go into foster care

Octomom taken to court to have guardian appointed for children

Time Sharing

A family asks why a dad had custody of the girl he is accused of killing

While an investigation continues into the alleged child abuse death of 4-year-old Kristina Hepp, her mother, step-grandparents and others say they are left wondering why Kristina's father was awarded custody of the little girl.

They are asking for the Governor's Office to order an investigation into the events leading up to Kristina's death.

Kristina was found dead inside the Waccasassa mobile home where she had lived since February with her father, Matthew Roland and his girlfriend Chelci Folds.

Roland, an unemployed sheet metal worker, has been charged with aggravated child abuse and aggravated manslaughter of a child in Kristina's death. Roland's criminal history includes a string of arrests in Gilchrist County on drug charges and on charges of domestic violence and burglary.

But Roland's only conviction as an adult was for possession of drug paraphernalia and possession of less than 20 grams of marijuana. Adjudication was withheld in two cases, and charges were dropped in three other cases.

According to Arlene Huszar, family court manager for Florida's Eighth Judicial Circuit, even if Roland had been convicted of every charge filed against him, Florida law would not have prohibited him from having custody of his daughter.

Huszar: "A criminal record would not automatically preclude someone from being a guardian or a time-sharing parent. The Florida Legislature passed a law that took effect last fall replacing the term custody with time sharing. It's up to a judge to weigh that information. There is no black or white on 'yes, you can' and 'no, you can't' when it comes to these cases."

Full Article and Source:
Custody cases not clear cut

Judge Grants Restraining Order

A judge has granted Britney Spears a three year restraining order against former manager Sam Lutfi and an attorney, Jon Eardley.

Judge Aviva Bobb granted the order in Los Angeles Superior Court after deliberating for most of the day on the issue.

CLICK HERE to view the court documents.

Attorneys for Lutfi and Eardley had appeared in court to argue against the temporary restraining order against the men being made permanent for a three-year period.

The move comes over a month after the court made permanent a three-year restraining order against Britney’s ex, paparazzo Adnan Ghalib.

Full Article and Source:
Judge Grants Restraining Order Against Sam Lutfi, Attorney Jon Eardley

More information:
Britney Spears' ex-confidant ordered to stay away from pop star

See also:
Unfit To Testify in Court

Tuesday, May 5, 2009

In Memoriam - Frieda Eversole

Frieda Eversole - November 6, 1910 - April 25, 2009

My mother, Frieda Eversole, born November 6, 1910, passed away on Saturday, April 25, 2009 at the age of 98-and-a-half. One of six children, mother was also a fourth cousin to Abraham Lincoln, of which she was justly proud. She spent the first fourteen years of her life on a farm in southern Alabama, and then moved to Birmingham, AL, eventually attended and graduated from college during the Great Depression. She married my father, Finley Pratt Eversole, a year later. I was born a year-and-a-half into their marriage and am their only child.

Throughout her life, mother was an astonishingly hard worker, compassionate and generous to all around her, always thinking of others first. After World War II she spent at least a year gathering clothing and bedding and shipping it to victims in war torn countries in Europe. She loved to entertain and was an exceptional cook. She had an infectious smile to the very end. Only after my father’s passing in May 1999 did I discover her quick wit and amazing sense of humor. Just one example: a couple months before her death, as I often did, I said to her, “I love you.” A few seconds later I asked, “Do you love me?” Her reply: “Yes. Aren’t you lucky!” Sometimes she would simply smile and say, “I love me too.”

My parents and I were close despite spending many years of our adult lives spent far apart.

Taking care of my mother the final eleven years of her life has been the greatest privilege of my life. The love she shared taught me more about love than I could have imagined possible. Letting her go is difficult on some levels, but we are spiritual beings in physical bodies, and her body had been too confining for her bright soul for some time. Now she is free. I believe the bonds of love are never broken and that the life and love we shared for this all-too-brief time will continue on. As I had hoped, I got to be alone with her in her final hours, holding her and talking to her, telling her what a good mother she had been and that our love would continue on. Part of loving is letting those we love move on when the soul decides its earthly work for this lifetime is done. I was blessed with wonderful parents.

~ Finley Eversole
Bogus Conservatorship

Women: The Movement and Elder Abuse

May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

No Use For Elder Abuse

As the number of elderly people increases, so does the potential that they'll be targeted for abuse.

Beth Bonniwell, domestic-violence coordinator for Henrico County police: "Criminals look for the weak, the vulnerable, the older person who might not be able to respond or move as quickly. They look for somebody maybe at the beginning stages of dementia, so maybe they'd not be cognitively as quick. Considering that our population is aging, it is an issue. Reported cases are increasing every year."

Bonniwell will be among those addressing the theme of "No Use for Elder Abuse" at the annual Chesterfield TRIAD Senior Day on Wednesday.

Attorney General Bill Mims and Chesterfield County domestic-violence coordinator Sharon Lindsay are also on the program that begins with a light breakfast. A thousand people usually attend to view information from 60-plus organizations and vendors, making it the largest senior day event on the East Coast, said senior advocate Debbie Leidheiser.

Full Article and Source:
TRIAD Senior Day set in Chesterfield - Protect Yourself

POA Used to Bilk Elderly

Boston Notary and banker Rodolfo Bonilla created a durable power of attorney for his girlfriend and then used it to bilk a hospitalized former client, 92-year-old Michael Kostecki, out of $300,000.

Local authorities have charged Bonilla with seven counts of larceny.

Bonilla was Kostecki’s longtime personal banker at a Citizens Bank branch in Boston. The elderly client initially signed a letter giving Lewis power of attorney over his financial affairs, but prosecutors say Kostecki did not have the mental competency to make that decision. Prosecutors say Bonilla withdrew and transferred the $300,000 plus from Kostecki’s account over the summer.

The plan began to unravel when Bonilla and Lewis showed up in Kostecki’s hospital room and tried to get their hands on the $5,000 in cash the patient brought with him. But the alert hospital staff informed the DA’s Special Investigations about the attempted shakedown. An investigation was launched that resulted in the termination and arrest of Bonilla.

Suffolk County District Attorney Daniel F. Conley: "the greed at work in the case was absolutely unconscionable."

Source:
Banker Uses Power Of Attorney To Bilk Elderly Client

Guardian Wants Money Returned

Widowed millionaire Shirley Jordan's court-appointed guardian plans to keep trying to return more money to Jordan's trust, he testified at the preliminary hearing for Charles McCullough, who is accused of stealing $200,000 from Jordan.

Attorney John Eidemueller said he had worked for months to prevent thousands of dollars from Jordan's estate from being spent by McCullough and his former law firm, Eckert Seamans Cherin & Mellott.

Jordan's case had been reviewed in Orphans' Court, but Eidemueller said that after McCullough's criminal hearings he will try to get back more money for Jordan.

McCullough is charged with two dozen counts of theft, conspiracy and filing false reports while co-trustee of Jordan's $14.7 million estate. McCullough and his former firm also tried to charge Jordan $97,000 for fees when Orphans' Court required them to account for their dealings with her estate.

Full Article and Source:
Attorney tangled with McCullough over payment from estate

Monday, May 4, 2009

Older Americans Month

NASGA recommends adding “power” to Durable Powers of Attorney

National Association to STOP Guardian Abuse

http://www.stopguardianabuse.org/
http://nasga-stopguardianabuse.blogspot.com/

PRESS RELEASE
For immediate release

May 4, 2009
For more information contact:
Annie McKenna
NASGA Media Liaison
info@StopGuardianAbuse.org
_________________________________________

May is Older Americans Month
_________________________________________
In this month dedicated to older Americans, NASGA focuses attention on an ironic form of abuse perpetrated on our elderly and vulnerable citizens by uncaring or corrupt judges:

A frequent complaint from our members regarding judicially-directed guardianships / conservatorships is that Durable Powers of Attorneys and other advance directives are frequently ignored: the issue is not raised by court or counsel; and no evidentiary hearings are held regarding execution and validity. Note: A properly executed Durable Power of Attorney would obviate the need for "protective" proceedings, or be sufficient grounds for dismissal of any such proceedings previously initiated.

Consequently, persons who have taken every legal step possible to protect themselves in their old age, do not have peace of mind and assurance that their wishes will be followed and that they won’t fall under the control of complete strangers appointed by the court instead; strangers who are given control over every aspect of their lives and property, with very little or no monitoring/oversight.

NASGA recommends videotaping of the signing and execution of a Durable Power of Attorney, Last Will and Testament, Trust documents and other advance directives, to prove validity of the document if challenged. Discussion should also be had with the drafting attorney to assure that should a guardianship issue arise in future, that he/she will testify in court as to the execution and validity of the document(s).

Advocating Legal Reform

Irving Fields died in Boca Raton, Florida in 1991. His estate was modest, under one million dollars. The size of the estate is really immaterial.

What would Irving want me, his son, to say here? This question is difficult to answer because so much changed for me on the day he died, just as so much changed for my father on the day two decades earlier when my mother died.

What meant most to my father throughout his life was his family, beginning with my mother. The only time that I ever saw my father cry was the day my mother died. There wasn’t anything he wouldn’t do for her. He often worked two jobs in an effort to make our lives comfortable and happy. Sometime around the time that I was born, he left RCA to start his own business doing the kind of repair work that he had done for RCA. His customers included many prominent members of the community with whom he was proud to associate. His work would take him inside the homes of these people, and he would beam when I would go with him, carrying his toolbox.

In addition to sometimes accompanying my father on his service calls, I would also sometimes accompany my father to local movie theaters where he would supplement his income by operating the projectors from high up above the audience. That was a real treat, because the concession workers always treated me royally, filling up a brown paper shopping bag with popcorn that was loaded with butter before we went up to the booth. In the booth, my father would have me sit atop phone books that he stacked up on a chair behind a small portal situated between the two large projectors. From this perch I watched the movie. Loading, unloading, and rewinding the film left my father some free time, which he would use to complete study courses that he took in order to earn promotions in the U.S. Air Force Reserves, which he joined following his service during WW II as a navigator.

Although my father worked day and night, often remaining in his basement workshop until the nightly news was broadcast at 11:00 PM, he didn’t neglect my mother. He always took Tuesday nights off to join my mother in a bridge party with three other couples. On Wednesday nights he would join my mother in a couples bowling league. On Saturday nights he would join my mother and friends for dinner and a night out, while Sunday afternoons and evenings were always spent with my mother’s parents, the best grandparents that a kid could ask for.

My mother died while I was serving in the Air Force during the Vietnam War. I was allowed to come home a day or so before she died. When I returned to duty, my father was left alone. He sold our home and moved into an older, smaller home a few blocks away. I completed my service and could have returned home, but I didn’t. 2000 miles away, my father kept close mostly by calling me each week and occasionally by arranging visits. One visit was especially remarkable. I took my father for a short, easy overnight hike, during which we awakened to the honking of magnificent trumpeter swans. Near the end of the visit, I proposed to my wife, and after the visit my father impressed friends back home by showing off the scratches on his legs from walking through bramble in shorts at the end of our hike. One of those whom my father impressed became my step-mother.

My step-mother and father began their marriage with a prenuptial agreement. When my step-mother realized that my father was going to die first, she wanted to break that agreement. During my father’s final months, she tried more than a dozen times. Ten days after my father was admitted to the hospital for the last time, she tried again as soon as she was notified by the hospital that my father’s cancer had ruptured his stomach and that he would not live out the day. My father was still able to tell her No in that condition, but my step-mother refused to accept No for an answer. With the help of her daughter, a lawyer for whom my father had expressed “extreme distrust” to other lawyers, my step-mother was able to get my father to sign the paper her daughter prepared and brought to the hospital.

Because law enforcement refused to even investigate what had taken place, I needed to hire attorneys to collect the evidence which I link online to the web page http://members.aol.com/tvfields/ILF_Links/Frameset001.htm

This evidence, which includes the testimony of the doctor who was called to my father’s bedside when his stomach ruptured, provides many important lessons which I hope the readers of this memorial will appreciate. For many people, the most important revelation of all is that our courts would uphold a financial document signed under the conditions that I just described, even when a doctor testifies that while in that condition my father did not even recall that he had a will.

Because of my experience, I have spent most of two decades advocating legal reforms that are needed to protect us against the opportunists who would take advantage of us when we are least able to defend ourselves and our heirs. My experience has proved to me what similar experiences have proved to others: the legal profession in this country is despicable. In order to protect us against that profession, we need to add to our Bill of Rights at least one more basic right, without which the others are often given little more than lip service. This basic right would

1) guarantee everyone, without exception, who has evidence of injury due to negligence or wrongdoing by anyone else, without exception, the opportunity to FREELY and FULLY present their evidence to an impartial jury that is empowered and obligated to investigate, judge and remedy legitimate complaints in a timely manner, and

2) hold accountable anyone, without exception, who obstructs or fails to uphold this right.

Without such a constitutional guarantee, only those who can afford the protection racket that is run by this country’s bar and judicial associations are protected by our Constitution and Bill of Rights.

Advocate for the Elderly





EVIDENCE of Fraud and Undue Influence in the Estate of Irving Fields(1919 - 1991)

May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

Legislators Will Impeach Bad Judges

Legislators say they’ll impeach, remove questionable judges

In response to dozens of petitions by the citizens of Minnesota, an ad hoc committee has been scheduled to hear the evidence of the corruption within the Minnesota judicial branch.

The ad hoc committee was formed because the chairmen of the Senate and House committees that oversee matters of the judiciary have refused to hear the citizen petitions.

The evidence given to the ad hoc committee is massive and includes transcripts being altered, bribery, extortion, denial of access to the grand jury and numerous felonies by certain district and appellate court judges. Bills of impeachment against many judges will be brought.

Never before in the history of the state of Minnesota, and perhaps the nation, have the legislative committees charged with overseeing the matters in the judiciary refused to listen to the evidence of crimes being committed by judges.

Article Six, Section Nine of the Minnesota Constitution clearly shows it is the intent of the people for the legislature to discipline the judicial branch. The courageous legislators who have agreed to participate in the ad hoc committee number over a dozen and more are joining as citizens from across the state meet with their legislators.

(Issue # 18, May 4, 2009)

Source:
Minnesota Looks to Oust Bad Judges

See also:
Ad Hoc Committee - Crimes By Judges

"Speechless"

Starbucks and the GAL Program

Starbucks Coffee and the 19th Judicial Circuit Guardian ad Litem Program have collaborated to recruit more volunteers.

Guardians ad Litem represent children who are victims of child abuse, neglect or abandoned and are involved in dependency court.

GAL coffees are the first Monday of each month. The next is May 4 at 10 a.m. at these locations:

• U.S. 1 and Monterey Road, Martin County

• U.S. 1 and Britt Road, Martin County

• 254 S.W. Port St. Lucie Blvd., Port St. Lucie

All guests of the program receive a free cup of Starbucks coffee and hear about the Guardian ad Litem Program. It is open to the public.

For more information call (772) 871-7225 or e-mail

Pattra.Dodd@gal.fl.gov


Sunday, May 3, 2009

Elder Abuse Series Honored

Elder Abuse: A Silent Shame

Excerpt:
Kathleen Simane, a court-appointed guardian, used her position to steal more than $75,000 from her dying great-aunt, Helen Fabis of Edgerton. Simane, of St. Paul, Minn., who spent money on a car and breast augmentation, was caught and sentenced to two years in prison, extended supervision and $78,289 in restitution to the Fabis estate.
Elder Abuse: A Silent Shame: Day 4: Easy targets

Elder abuse: A silent shame

ASA Honors Elder Abuse Series

Award Winning Newspaper

Helen Fabis died in April 2001. Helen's great-niece Kathleen Simane was temporary guardian while Helen was sick and was personal representative of the estate after Helen's death.

Kathleen Simane, former Co-Host of The American Outdoorsman TV Show, used her position as guardian to steal from her dying great-aunt. Simane was charged in Rock County Court.



Wanted For Burglary and Assault

DE - State Police are asking the public's help in locating a 23-year-old Felton man wanted for assaulting an elderly man early.

Troopers responded to a home on Jennifer Lane in Felton after 911 was called reporting an intruder had entered the home of the 78-year-old victim and assaulted him. Detectives learned that the homeowner was awoken after a dog began barking. He was concerned and began checking his home when he went into the Florida room attached to the rear of his home.

Police say the man observed an intruder hiding behind a chair and confronted him. According to police, the suspect then attacked the victim with his hands causing cuts, bruises and abrasions to the legs, hands and face of the victim. The intruder then fled the area.

As police continued investigating, they learned the victim had been receiving several hang-up phone calls recently raising suspicion as to who committed this act of violence. Police say the troopers also learned the victim's granddaughter recently began staying with him. Police say the troopers were able to secure the telephone number that repeatedly was calling and hanging up and discovered it was registered to 23-year-old Michael A. Zimmer Jr. of Felton.

Police learned Zimmer was the ex-boyfriend of the victim's granddaughter and obtained a photograph of him. According to police, the victim looked at the photo and immediately identified Zimmer as the attacker. The granddaughter was not home when the incident occurred.

Police have obtained arrest warrants for Zimmer charging him with first-degree burglary, second-degree assault and harassment. Anyone who has information on his whereabouts is urged to call 911, Troop 3 at (302) 697-4455 or Crime Stoppers at 1-800-TIP-3333.

Tips may also be forwarded to law enforcement through tip lines maintained by Delaware Crime Stoppers at 1-800-TIP-3333 or online at http://www.tipsubmit.com/

Source:
Felton Man Wanted for Assaulting Elderly Homeowner

Legal Assistance Presentation

The Senior Alliance is sponsoring a free legal assistance presentation and lunch beginning at 11 a.m. May 8 at the Dozier Recreation Complex.

Experienced legal experts will discuss guardianship, conservatorship, wills, trusts, powers of attorney, nursing homes, assisted living, Medicaid and Medicare and elder abuse and scams.

Audience questions will be answered and individual assistance available after the presentation.

To register, phone (313) 561-2382.
The recreation center is located at 2025 Middlebelt Road in Inkster.

Source:
Elder Law discussed

FBI Proposed Redactions

The release of court records concerning George A. Smith IV, a Greenwich man who vanished while on his honeymoon cruise in 2005, has been delayed as the FBI determines which portions to seal from the public.

attorney Michael Jones, who represents the Smith family: "We are hoping for them to be released in a week to 10 days. The FBI has been very carefully reviewing this matter. They are still working on the proposed redactions."

During an April hearing, lawyers and Greenwich probate court Judge David Hopper agreed they would allow the federal agencies investigating the case time to make redactions.

Nearly 2,200 pages of sealed court transcripts, documents and photos that stemmed from a probate court battle over Smith's estate were set to be released after lawyers for the Smiths and Smith's widow completed their own set of redactions.

The records, which have been sealed since 2007, include transcripts of testimony from a four-day hearing in May in which the probate court upheld a $1.1 million settlement from Royal Caribbean cruises to Smith's wife, Jennifer Hagel-Smith. George Smith's family had opposed the settlement and that case is pending in civil court.

Smith went missing July 5, 2005. His body was never recovered.

Source:
FBI deciding which portions of Smith documents to seal

More information:
Royal Caribbean Honeymoon Tragedy By Jennifer Hagel Smith

George Smith was on a Mediterranean honeymoon cruise when he vanished overnight. The only trace, a splattered pool of blood. As concern rises over the number of people who go missing from ocean liners, Elizabeth Day investigates Murder on the high seas?

Saturday, May 2, 2009

She Gives Us Hope

Forced into an assisted living facility against her will, Esta Varon was so unhappy that she lost 26 pounds and became very depressed in just a few months. Rather than sit around feeling sorry for herself, Esta did something about it. She began by writing to the media.

Esta heard from a woman named Mary Garofalo from Channel 5, Fox TV, a major NY station. Esta’s story aired Tuesday, February 19 on the 10 o’clock news!

Mary responded to Esta because she was "impressed that an eighty year old lady could write such an eloquent letter."

Esta gives us all hope.


Who's the Boss?



Fox 5 Investigates: Guardian Abuse

Fox 5 Investigates: Guardian Abuse, Part 2

May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

Office of Children's Services On Trial

The boy was just 6 years old back in 1997 when the state first got a report that his mother's friend was sexually abusing him.

Over the next four years, the reports about a child in danger kept arriving at what's now the state Office of Children's Services, but the agency didn't do its job and the child continued to be molested and worse, a lawyer for the child told an Anchorage Superior Court jury Wednesday.

The man, Claire Thomson, is a retired Anchorage junior high teacher who eventually was convicted of criminal sexual abuse of a minor.

Now it's the state Office of Children's Services on trial.

Lawyers for the boy want $4 million to provide for his medical expenses, support and treatment for the rest of his life, plus an unspecified amount above that to compensate him for his lost childhood.

Full Article and Source:
State knew for years child was in danger, lawyers say

Anti-Fraud Law

After 20 years of ever-increasing health care fraud and abuse in Florida, a bill passed by the Legislature will give the state some of the toughest laws in the nation against those who rip off Medicaid and Medicare.

Sponsored by Senator Don Gaetz and Senator Durell Peaden , Senate Bill 1986 equips law enforcement and oversight agencies with new tools to identify, investigate, put out of business and prosecute individuals and companies that knowingly defraud health care programs designed to care for the elderly and the poor. The bill also makes it easier for the state to recover money from those who abuse the system and provides cash rewards to those who turn in fraudulent providers.

The legislation will require exhaustive background checks for those applying to set up pharmacies, home health agencies, medical equipment companies and clinics. Until now “bad actors” who have abused the system elsewhere have been able to slip through cracks in the law and re-appear under different corporate names in Florida. The result has been an avalanche of fictitious patients, over utilization, improper billing, and kickbacks.

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Anti-Fraud Law Goes After Medicaid Cheats

Judge Dismissed Suit

A federal judge has dismissed a sweeping lawsuit that alleged widespread abuse of the children in Department of Children, Youth and Families care, saying the state’s child advocate, who brought the suit on behalf of 10 children, had no standing in the case.

Senior U.S. District Judge Ronald R. Lagueux ruled that Child Advocate Jametta O. Alston and others who backed the suit had no authority to proceed because the children they claimed to represent are already in the jurisdiction of the state Family Court, where their guardians had been appointed.

Alston and the child-advocacy organization, Children’s Rights, pursued the suit in June 2007 on behalf of the 3,000 children now in state custody, with the aim to overhaul Rhode Island’s entire foster-care system. The suit alleged children in DCYF care were being molested, beaten and, in one high-profile case, killed. Her suit claimed staff faced excessive caseloads and that too many children were being placed in institutions and group homes, or being reunited with abusive parents.

The suit named Governor Carcieri, Jane Hayward, former secretary of the Office of Health and Human Services, and DCYF Director Patricia Martinez as defendants, and charged that the child-welfare system is underfunded, understaffed and mismanaged.

The state asked that the case be dismissed in January 2008. Lawyers questioned the remedy sought — namely that Alston wanted the court to take control of the DCYF. They argued the case belonged in family court, not federal court.

Full Article and Source:
Child advocate’s suit over DCYF care dismissed

Friday, May 1, 2009

Foster Children Sue Welfare Agencies

Ten former foster care children are filing a civil rights and negligence lawsuit in New York District Court against the City of New York Child Welfare Administration and four other agencies for failure to prevent ongoing, horrific abuse at the hands of a state-licensed foster parent.

Identified in the filing only by their initials, the 10 plaintiffs seek unspecified damages for up to 20 years of abuse and torture. Dating back to the 1980s, these special needs foster children were locked in cages, handcuffed or zip-tied together at night, abused physically, threatened with firearms, secreted from any public interaction, underfed and malnourished, and deprived of regular education, doctor or dental visits. One child's teeth were in such pain that the child banged her face on the garage floor until knocking her teeth out. Now adults, all suffer rickets and behavioral issues, and require costly, long-term educational, medical, psychological and sociological care.

Foster mother Judith Leekin's fraud included assuming four aliases - often using similar dates and documentation - to adopt a total of 22 children. At no point did New York Child Welfare officials verify the foster mother's false documentation, investigate her fitness as a caregiver, or document the children's care. Ultimately, she collected $1.68 million in payments meant for their care.

When she sensed New York officials finally were closing in, Leekin relocated with the 10 plaintiffs to Florida. Today, Leekin is serving a prison sentence for fraud. The plaintiffs, all of whom currently reside in Florida, are seeking a jury trial.

Full Article and Source:
Severely Abused Foster Children Sue New York City Child Welfare Agencies After their Failure to Help Them

A Man to Ride the River With

Bill Henry Waddell had planned carefully for his old age. Although he was born in Brazil, son of missionaries, he had worked hard all his life in the United States, as an Army Chaplain's Assistant, then as a Social Worker and finally as a Presbyterian minister in rural congregations.

He had been two years to law school, so he gave me, his wife, power of attorney for health care and power of attorney for financial, just as I gave the same to him. And as we loved each other very much, we each willed the other all our worldly goods. The secondary beneficiary for him was his brother and for me my sister.

His brother from Maine had taken note of the fact that I managed money pretty well (having lived at one point on $7000/year in a small rural town). The brother also took note of the fact that I had received a small inheritance. The brother asked to manage our money, which I thought was a joke. The brother also asked me to return to him $33,000 which his parents had given us as a gift because it was "Waddell money."

When Bill began to fail, and I still don't know for sure what he had, but his brother and one of the doctors called it Alzheimer's, in August of 2007, his brother's wife hired a Maine attorney. We'll call him/her Attorney no 1. Attorney no 1, using Attorney/Client confidentiality privilege, hired Attorney no. 2 in Illinois. Attorney no 2 hired a social worker, Amy Suydam, who after visiting Bill in Illinois, chased him over to Jefferson Barracks Hospital in Missouri in order to tell the social workers there that I was a poor caretaker. (They actually let her into all the conferences.) The social worker went before a judge, Judge Metz, Madison County IL, all behind my back so that I could not get a lawyer, and Amy Suydam asked that Sharon Mehrtens be my husband's temporary guardian.

The guardian, who was not even on the State of IL approved list, walked into my husband's rest home room on December 12, 2007. She asked me-- out in the corridor---for me to put her name on our savings and checking account and to also put her name on our safe deposit box. She told me that if I did not tell her where my assets were, she would charge me $35 an hour to find them.

The next day, December 13, Bill was sicker. I could not even take him to the ER room because although I had power of attorney for health care and financial, others were in control through a temporary guardianship obtained by secret hearings (the contents of which I still don't know.)

Bill was very upset by the fact that someone else was guardian. (I don't think he had Alzheimer's.) Bill asked me, "Please, can't I go home to die?"

And I had to tell him I was powerless to take him home. Our last words together were, "May the Lord watch between me and thee while we are absent one from another." And I told him, "I will always love you." He died at 8:48 AM December 14th, 2007. While he was dying, the rest home could not reach me at our home because, following my brother in law's instructions, I was trying to get a lawyer. The guardianship system was used to take away the man I loved, to harass him until he lost the will to live.

But Bill did not die in vain. As a committed Christian, Bill is with our Lord Jesus.

All during our 38 years of marriage, Bill would tell me how much he loved Whitworth College in Spokane, Washington. So I have established the William H. Waddell scholarship there. It was funded with the $33,000 of "Waddell money" his brother and his brother's wife wanted.

Bill was a brave man. When a gunman captured our church organist and several of our elders at the Veterans Building in Watford City, North Dakota, Bill walked over to the police station at 3 in the morning to offer himself as a hostage negotiator. He would be happy to know today that he might be saving others from terrible suffering.

Bill Waddell was "a man to ride the river with," as the Westerners say. The phrase means a person who is steady, fearless, and dependable, someone who will not flinch and who will bring his companion to the other side. Bill was such a person. He brought me through 38 years to the other shore.


-Mary I. Waddell, his widow
May 2009 ~ Guardianship abuse victims recognized during Elder Abuse Prevention Month

Memories

I often think and pray that I died a sudden death because sickness could lead into an institution.

Memories of the horror I have seen creeps into my thinking.

I want to run away, just don’t know where.

I have missed my grandchildren grow.

I have had problems with my husband.

He has questioned my sanity, and so have I.

But one thing I know, I am not insane, just as the people who have done this to me are still breathing.

My sanity is intact, emotionally I am not.

I have smiled when I wanted to cry.

I suppress my anger.

Hurt and frustration has affected my health.

I can’t sleep thinking that at any time, a single person can take my mother away, my daughter, grandchildren, husband or me, and do as they please and I have no say on it.

There is no protection.

Mental Guardianship Program

To continue shoring up the gap between the legal needs of Brooklyn residents and the legal services that are offered pro bono, the Brooklyn Bar Association’s Volunteer Lawyers Project recently started the mental guardianship program, which addresses an “unmet need.”

New York City’s only mental guardianship program was kicked off this month, and will offer free pro bono legal advice and assistance to clients filing for guardianship of mentally disabled adults, usually a family member or loved one.

Jeannie Costello, executive director of the Volunteer Lawyers Project (VLP), who is enthusiastic about resolving this "unmet need": “This is a very exciting new project, because this service is not offered by any other agency in New York. It’s really a great benefit to the residents of Brooklyn. It can make such a critical difference in a family’s well-being to get guardianship of someone who is legally an adult, but still needs someone to protect them.”

Full Article and Source:
Guardians in the Surrogate’s Court

Fighting For Grandkids

Kathie Good has been fighting for five months to regain temporary custody of her grandkids.

Her voluntary revelation about a 24-year-old incident has become the latest hurdle in her quest and may be one too big to overcome. That she refused to believe her daughter hurt her grandson was one of the first hurdles.

The kids were turned over to the S.C. Department of Social Services in November after doctors were concerned about what they noticed during repeated doctor visits. According to court documents, doctors found bruises on the back and elsewhere of Good's infant grandson, broken blood vessels in his eyes and swelling on his penis.

A specialist at the Medical University of South Carolina concurred with the concerns of the doctors.

Good's son-in-law was charged with abuse.

DSS suspects Good's daughter of neglect.

Good, who had temporary custody, believed the court rulings allowed supervised contact between her daughter and grandkids, which is why she let her daughter visit. DSS and the guardian ad litem said it wasn't allowed.

This isn't about suspected child abuse. That case will play itself out in the courts. The parents will be found guilty or not guilty in due time. This is about a grandmother and her grandkids, foster care and family placement, and the hurdles involved.

Full Article and Source:
Issac Bailey Foster care decision in kids' interest?