Archive for May, 2011

>Inside E Street

May 15, 2011

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>SD Supreme Court Suspends Atty for Acting Improperly in Guardianship and Conservatorship Case

May 15, 2011

>The South Dakota Supreme Court has suspended an Aberdeen attorney for 45 days for acting improperly in a guardianship and conservator case. The suspension begins May 27.

The American News reports that Tom Tobin did not contest the recommendation from the State Bar’s disciplinary board. He did not immediately return a telephone call to The Associated Press on Tuesday seeking comment.

Tobin served as city attorney for Aberdeen from 1986-1999. The disciplinary board said he has been the subject of previous complaints and has been publically censured in the past.

Full Article and Source;
SD Supreme Court Suspends Aberdeen Attorney

>Greedy Lawyer Joke

May 15, 2011

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Source:
YouTube

>’Trial & Heirs’ – Famous Fortune Fights

May 15, 2011

>What do Princess Di, Marlon Brando, Heath Ledger, Jimi Hendrix and former Supreme Court Justice Warren Burger have in common? They all flubbed their estate planning, costing intended heirs money and/or grief, according to a readable (really) estate planning how-to book, Trial & Heirs. The new book uses these celebrity cliffhanger cases to dish out real-life advice.

The mistakes these folks made run the gamut. Jimi Hendrix died without a will, leaving his close brother Leon with nothing. Supreme Court Chief Justice Warren Burger wrote his own will, which at 176 words left out basic tax clauses that could have saved $450,000 in estate taxes. Princess Di relied on a “letter of wishes” to give away belongings, and her godchildren got shortchanged.

“Everyday people can learn from these celebrity stories,” says Andrew W. Mayoras, a probate litigator who wrote the book with his wife, Danielle B. Mayoras, an estate lawyer. “The cases are different only in terms of dollars and notoriety from the issues I see in my practice,” he adds.

Source:
Amazon: Trial & Heirs

>The Corruption of Michael Rowe

May 15, 2011

>Michael Rowe sustained a disability due to a motorcycle accident which occurred in Sept. of 1982, at the age of 16. He was hospitalized for several weeks then transferred to an intensive rehabilitation unit, where he learned to clothe and feed himself, use a wheelchair and do transfers. Gradually, he learned to walk with a walker. One side of his body is very limited. His speech is affected by the accident, but Michael learned to communicate quite effectively.

After 4 months of intensive rehabilitation, the doctors sent Mike home in the care of his mother and brother. He went to regular school. He was home for 2 years, then was transferred to a foster care boarding school, as it became more difficult for his family to care for him. His brother was the main care taker as his mother is developmentally disabled.

He lived at Shady Pines Foster Care , in Battle Creek, Michigan for the next 10 years. His court records indicate that Michael was sent home from rehab on NO medication and continued to progress for the next 12 years without medications.

Michael adapted to his disability. Family and friends described Mike as bright, happy, out-going and fun loving. Mike enjoyed school, and especially wood working class, competition wheel chair sports, bowling, swimming, and gardening. He won awards for the competitions. He liked girls and they liked him. He dated mostly non- handicapped girls. He liked going out with friends to fairs, dances and proms.

His school records are glowing with good reports, which documented Mike was groomed for independent living upon graduation and recommended for job training. It took Mike longer to get through school due to his disability, but he made it , and achieved a high school diploma! Mike was excited about getting into an apartment with some assistance with daily care. He was excited about being independent. As you know many American’s with disabilities live independently successfully.

But then a horrible turn of events occurred which shattered Mike’s hope of living the American dream.

In late 1995 ( nearly 14 years AFTER Mikes accident) he ended up in a rehab facility which claimed to specialize in treating persons with head injuries. Mike was lead to believe by a social worker that this move would train him for a job and independent living. But it was a trick.

Source:
CorruptionOfMichael.com

>1 in 7 US Facilities Cited for Infection Control Deficiencies

May 14, 2011

>Estimated 400,000 residents die of infections annually.

Nearly one in seven nursing homes is cited for deficiencies in infection control practices each year, new research shows.

Infections are a leading cause of illness and death in U.S. nursing homes, claiming nearly 400,000 lives annually.

Before receiving reimbursement from Medicare or Medicaid, nursing homes must meet certain standards. Those that do not are issued deficiency citations.

A new study published in the May issue of the American Journal of Infection Control examined the deficiency citation records used in Medicare/Medicaid certification between 2000 and 2007. The data represented 96 percent of all U.S. nursing home facilities, according to the researchers from University of Pittsburgh’s Graduate School of Public Health.

About 15 percent of U.S. nursing homes received deficiency citations for infection control every year.

Full Article and Source:
1 in 7 U.S. Nursing Homes Cited for Poor Infection Control

>TX AG Supports Guardians for Mentally Impaired Jail Inmates

May 14, 2011

>Texas Attorney General Greg Abbott told Tarrant County officials in an opinion this week that local courts do not have the authority to bypass appointing a guardian for mentally impaired jail detainees who refuse to take medication.

The Tarrant County district attorney’s office had asked Abbott’s office in August whether the Texas Health and Safety Code, subsection 773.008(2), authorizes a court to order emergency medical treatment of a local jail inmate.

In an opinion dated April 28, the attorney general’s office said the code does not expressly say or imply that the courts can “order emergency medical treatment of local jail detainees.”

Assistant District Attorney David Hudson said the issue comes up in only “a handful” of cases each year. One inmate refused to take medication for chronic medical conditions such as diabetes.

“We had a situation where the probate courts were trying to use this statute independent of any order,” Hudson said. “There was a question of, Is that really appropriate? We were just trying to see what can and can’t be done with this statute.”

Full Article and Source:
Texas Attorney General Supports Guardians for Mentally Impaired Jail Inmates

>’Probate Sharks’ … "WANTED!"… We Have Had Inquiries

May 13, 2011

>We have had inquiries about the following list of attorneys, judges, guardians and other fiduciaries encountered by our viewers.

If you have any information on any of these individuals, please email us at verenusl@gmail.com or phone (224) 365-5770.

We would appreciate your input. This dynamic list will be updated frequently.

This list and any information gathered from it is being compiled for educational purposes and does not necessarily suggest untoward behaviour of those parties listed.
~~Lucius Verenus, Schoolmaster, ProbateSharks.com

Ingrid Babitsky…(IL)…Caregiver
Costigan Niedle…(IL)…Paralegal
Melanie Frazier…(IL)…Guardian
Miriam Solo…(IL)…Attorney (GAL)
David Martin…(IL)…Attorney (GAL)
Melinda Martin…(IL)…Attorney (GAL)
Lynne Kowamoto…(IL)…Judge
Jane Stuart…(IL)…Judge
Benjamin Topp…(IL)…Care Management
Sally Griffin…(IL)…Trust Officer
Janna Dutton…(IL)…Attorney
Morris Esformes…(IL, FL, NY)…Nursing Homes Owner
Moshe Faskowitz…(IL, FL, NY)…Rabbi
Pam Chwala…(IL)…RN (Case Manager)
Bruce Lange…(IL)…Attorney
Devon Bank…(IL)…Fiduciary
Tom Kleinhinz…(IL)…CEO Rehab Assist
Karen Bowes…(IL)…Attorney
Peter Schmiedel…(IL)…Attorney
Kevin Carter…(IL)…Agent for Rehab Assist
Cynthia Feranga…(IL)…Attorney (GAL)
Maureen Connor…(IL)…Judge
James Reily…(IL)…Judge
Joel Brodsky…(IL)…Attorney
Len LeRose…(IL)…Attorney (GAL)
Dawn Lewandowski-Keller…(IL)…Attorney
John Fleming…(IL)…Judge
Ruben Garcia…(IL)…Attorney (GAL)
Donita Link…(IL)…Nursing Home Administrator
Adam Stern…(IL)…Attorney GAL
Helen Grimaldi…(IL)…Elder Abuse Investigator for Catholic Charities

Source:
Probate Sharks: “Wanted”…We’ve Had Inquiries

>Doctor’s Involvement Encouraged in Elder Investment Fraud and Financial Exploitation Program

May 13, 2011

>We have a special relationship with our doctors. We trust them and tell them intimate details about our lives. And doctors who see us regularly are likely to notice changes from visit to visit that might signal that all is not well.

That’s why some regulators and advocates for the elderly are reaching out to primary-care physicians, hoping they will use their unique position to help spot when older patients — particularly those with mild cognitive impairment — are victims of financial fraud.

About half the states so far have signed on to the Elder Investment Fraud and Financial Exploitation program that aims to train doctors on the red flags of financial exploitation and gives them the information they need to refer patients for help.

The program is run by the nonprofit Investor Protection Institute and the Baylor College of Medicine.

Diagnosing financial fraud may seem an unlikely role for busy doctors. But finances are a health issue, say regulators and geriatric specialists. Elderly patients bilked out of their savings can be under heavy stress that causes their health to deteriorate or leaves them unable to afford medicine and regular visits to the doctor.

Full Article and Source:
Doctors Asked to Keep Eye Out for Elder Fraud

>Elder Abuse, Neglect Rampant in U.S.

May 12, 2011

>They say the disabled and elderly are Being prayed upon by the legal system, by crooked lawyers and courts Who they say scam millions of dollars by having older people declared Guardians of the courts depriving them and their families of their rights and taking their assets.

Protesting in front of the Justice Department, they met with a few members of Congress demanding something be done.

Video Source:
YouTube

Full Article:
Elder Abuse, Nelgect Rampant in US