Archive for June, 2009

>Senior Financial Empowerment Act of 2009

June 30, 2009

>

Congresswoman Tammy Baldwin and Congressman Howard Coble today introduced the Senior Financial Empowerment Act of 2009 (H.R. 3040). The legislation will help stop abusive mail, telemarketing and Internet fraud targeting seniors.

Congresswoman Baldwin: “I became aware of the seriousness and scope of fraud targeting seniors when I helped my own grandmother in her later years. These crimes can have severe financial and emotional consequences for older Americans and their families. Our bill will educate the public, seniors, their families, and their caregivers on how to identify and combat fraudulent activity.”

Full Article and Source:
Baldwin Targets Senior Financial Fraud

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Senior Financial Empowerment Act of 2009

June 30, 2009
Congresswoman Tammy Baldwin and Congressman Howard Coble today introduced the Senior Financial Empowerment Act of 2009 (H.R. 3040). The legislation will help stop abusive mail, telemarketing and Internet fraud targeting seniors.

Congresswoman Baldwin: “I became aware of the seriousness and scope of fraud targeting seniors when I helped my own grandmother in her later years. These crimes can have severe financial and emotional consequences for older Americans and their families. Our bill will educate the public, seniors, their families, and their caregivers on how to identify and combat fraudulent activity.”

Full Article and Source:
Baldwin Targets Senior Financial Fraud

>When Guardianship Nominations Go Bad

June 30, 2009

>

Mina Sirkin a nationally recognized attorney reporting on inheritance matters, expects that the disputes around Jackson’s children, estate and life insurance may have unexpected results.

Sirkin, who was the CBS2/KCAL9 expert on the death of Anna Nicole Smith and the guardianship of her child, and a media expert regarding the Conservatorship of Britney Spears, says it is likely that the nomination of guardian by Michael Jackson relating to the two children he had with his ex-wife, Debbie Rowe may fail because the court did not make the special findings necessary to terminate her paternal rights.

Therefore, under California law, Rowe as the mother of those two children will have priority over any nominated “guardian of the person” by Michael Jackson. However, Debbie can’t expect the same results when it comes to guardianship of the estate of the minors.

The Jackson case is a perfect example of when guardianship nominations can go bad. Parents who name guardians of the person who were married to the parent of the minors can’t expect their intended results, unless the other parent has actually consented to the nomination in writing in California.

Surrogate parents also have special rights in California which if not terminated by the court will remain in tact for the surrogate parent. At this point, it is unclear whether or not any court has terminated the surrogate’s rights.

Any and all of Jackson’s life insurances are at risk at this point, even if he created irrevocable life insurance trusts for his minor kids naming those children as beneficiaries. Sirkin continues to say that large policies are subject to many exclusions and the facts of death of Jackson, along with the coroner’s findings, will greatly impact whether those insurance will be paid.

Full Article and Source:
TV Legal Expert says Michael Jackson’s Children are not Protected

Gloria Allred, who requested the court appoint a guardian for the children of OctoMom, had this to say:

The court still has jurisdiction to decide what’s in the best interest of the children.You cannot will a child like a piece of property, or piece of jewelry — a child is a human being. The court will give great weight to the preference of the parent, but will not be bound by that preference.

Whoever obtains guardianship of the kids is going to need funds to take care of these children. But there are lots of debts and creditors who will want to get their money, too. I anticipate there will soon be a probate battle going on.

I do anticipate that there may soon be guardianship battles, custody battles, and probate battles. This is the beginning of a whole new chapter.

Source:
Gloria Allred’s Thoughts on Michael Jackson

See also:
A Storm Brewing

When Guardianship Nominations Go Bad

June 30, 2009
Mina Sirkin a nationally recognized attorney reporting on inheritance matters, expects that the disputes around Jackson’s children, estate and life insurance may have unexpected results.

Sirkin, who was the CBS2/KCAL9 expert on the death of Anna Nicole Smith and the guardianship of her child, and a media expert regarding the Conservatorship of Britney Spears, says it is likely that the nomination of guardian by Michael Jackson relating to the two children he had with his ex-wife, Debbie Rowe may fail because the court did not make the special findings necessary to terminate her paternal rights.

Therefore, under California law, Rowe as the mother of those two children will have priority over any nominated “guardian of the person” by Michael Jackson. However, Debbie can’t expect the same results when it comes to guardianship of the estate of the minors.

The Jackson case is a perfect example of when guardianship nominations can go bad. Parents who name guardians of the person who were married to the parent of the minors can’t expect their intended results, unless the other parent has actually consented to the nomination in writing in California.

Surrogate parents also have special rights in California which if not terminated by the court will remain in tact for the surrogate parent. At this point, it is unclear whether or not any court has terminated the surrogate’s rights.

Any and all of Jackson’s life insurances are at risk at this point, even if he created irrevocable life insurance trusts for his minor kids naming those children as beneficiaries. Sirkin continues to say that large policies are subject to many exclusions and the facts of death of Jackson, along with the coroner’s findings, will greatly impact whether those insurance will be paid.

Full Article and Source:
TV Legal Expert says Michael Jackson’s Children are not Protected

Gloria Allred, who requested the court appoint a guardian for the children of OctoMom, had this to say:

The court still has jurisdiction to decide what’s in the best interest of the children.You cannot will a child like a piece of property, or piece of jewelry — a child is a human being. The court will give great weight to the preference of the parent, but will not be bound by that preference.

Whoever obtains guardianship of the kids is going to need funds to take care of these children. But there are lots of debts and creditors who will want to get their money, too. I anticipate there will soon be a probate battle going on.

I do anticipate that there may soon be guardianship battles, custody battles, and probate battles. This is the beginning of a whole new chapter.

Source:
Gloria Allred’s Thoughts on Michael Jackson

See also:
A Storm Brewing

>Public Guardian Speaks Out

June 30, 2009

>

A child whose mother set her on fire and 100 other foster kids in state custody will lose “all counseling services” if Illinois is allowed to cut its Children and Family Services budget by 50 percent on July 1 as planned, a Cook County Public Guardian says. Robert Harris claims the budget cuts will eliminate “all counseling services to children who are in state care due to physical or sexual abuse, neglect or dependency.”

On behalf of more than 100 foster children, Harris sued the Department of Children and Family Services and Gov. Pat Quinn, whose budget calls for DCFS funding to be cut by 50 percent.

Harris asked the Cook County Court to enjoin Quinn and the DCFS from terminating counseling services for children in custody without due process and “without individual consideration of each child’s needs.”

Harris says the children have “all suffered extraordinary trauma in their young lives,” such as “physical and sexual abuse, witness(ing) domestic violence” and neglect.

Full Article and Source:
Foster Kids Endangered by Huge Budget Cuts in Illinois

See also:
Governor, Guardian and DCF Being Sued

Public Guardian Speaks Out

June 30, 2009
A child whose mother set her on fire and 100 other foster kids in state custody will lose “all counseling services” if Illinois is allowed to cut its Children and Family Services budget by 50 percent on July 1 as planned, a Cook County Public Guardian says. Robert Harris claims the budget cuts will eliminate “all counseling services to children who are in state care due to physical or sexual abuse, neglect or dependency.”

On behalf of more than 100 foster children, Harris sued the Department of Children and Family Services and Gov. Pat Quinn, whose budget calls for DCFS funding to be cut by 50 percent.

Harris asked the Cook County Court to enjoin Quinn and the DCFS from terminating counseling services for children in custody without due process and “without individual consideration of each child’s needs.”

Harris says the children have “all suffered extraordinary trauma in their young lives,” such as “physical and sexual abuse, witness(ing) domestic violence” and neglect.

Full Article and Source:
Foster Kids Endangered by Huge Budget Cuts in Illinois

See also:
Governor, Guardian and DCF Being Sued

>Will Justice Be Served?

June 29, 2009

>

Prosecutors and the police should be paying attention to the John F. Pawloski saga.

The attorney and former St. Clair County public guardian on Tuesday agreed to repay $7,522 missing from the estate of a client. In April Pawloski agreed to repay $63,075 missing from another client’s estate. In both cases, his attorney said Pawloski was “contrite.”

Pawloski has refused a judge’s order to provide financial accountings in those cases plus a third, citing his Fifth Amendment right against self- incrimination. An appeal is pending.

In addition, the state Attorney Registration and Disciplinary Commission has accused him of taking money without permission in the three cases.

What are the criminal authorities doing?

Maybe St. Clair County State’s Attorney Robert Haida is waiting for the appeal to be decided. But the longer this saga drags on without criminal charges, the more it appears Pawloski is getting kid glove treatment from the legal system.

If Pawloski as public guardian took money from some of the most vulnerable members of our community or their estates, he abused his position of public trust and deserves to be charged with a crime. Being sorry and repaying the money is great, but that doesn’t let him off the hook.

Source:
Will justice be served

See also:
Attorney Will Repay Estates

Who watches the guardians?

Lawyer Agrees to Repay Estate

Lawyer Appeals Judge’s Demand

Lawyer Given More Time

Ten Days to Produce Documents

John Pawloski Case

Will Justice Be Served?

June 29, 2009
Prosecutors and the police should be paying attention to the John F. Pawloski saga.

The attorney and former St. Clair County public guardian on Tuesday agreed to repay $7,522 missing from the estate of a client. In April Pawloski agreed to repay $63,075 missing from another client’s estate. In both cases, his attorney said Pawloski was “contrite.”

Pawloski has refused a judge’s order to provide financial accountings in those cases plus a third, citing his Fifth Amendment right against self- incrimination. An appeal is pending.

In addition, the state Attorney Registration and Disciplinary Commission has accused him of taking money without permission in the three cases.

What are the criminal authorities doing?

Maybe St. Clair County State’s Attorney Robert Haida is waiting for the appeal to be decided. But the longer this saga drags on without criminal charges, the more it appears Pawloski is getting kid glove treatment from the legal system.

If Pawloski as public guardian took money from some of the most vulnerable members of our community or their estates, he abused his position of public trust and deserves to be charged with a crime. Being sorry and repaying the money is great, but that doesn’t let him off the hook.

Source:
Will justice be served

See also:
Attorney Will Repay Estates

Who watches the guardians?

Lawyer Agrees to Repay Estate

Lawyer Appeals Judge’s Demand

Lawyer Given More Time

Ten Days to Produce Documents

John Pawloski Case

>HB2788 Update

June 29, 2009

>

Laird’s Bill Clears Senate discusses legislative action in West Virginia increasing criminal penalties for abuse, neglect, injury and misuse/misappropriation of funds or assets of elderly or adult incapacitated persons.

West Virginia House Bill 2788, introduced on 2/24/09, has concurred with the Senate version, passed earlier, and has been approved by the Governor on 5/7/09, to become effective 7/10/09.

The amended criminal code enhances penalties for abuse, bodily injury, neglect, and misappropriation or misuse of the funds or assets of an elder person or incapacitated adult by caregiver, guardian or custodian.

See:
West Virginia Senior Services – Legislative Updates

HB2788 Update

June 29, 2009
Laird’s Bill Clears Senate discusses legislative action in West Virginia increasing criminal penalties for abuse, neglect, injury and misuse/misappropriation of funds or assets of elderly or adult incapacitated persons.

West Virginia House Bill 2788, introduced on 2/24/09, has concurred with the Senate version, passed earlier, and has been approved by the Governor on 5/7/09, to become effective 7/10/09.

The amended criminal code enhances penalties for abuse, bodily injury, neglect, and misappropriation or misuse of the funds or assets of an elder person or incapacitated adult by caregiver, guardian or custodian.

See:
West Virginia Senior Services – Legislative Updates