Archive for November, 2011

When Family Abets the Heartbreak of Guardian Abuse

November 30, 2011

Since both of Diane’s parents felt that out of their three children, she was the only one they could trust to give power of attorney, healthcare proxy and ultimately the executrix position, automatically one would have to assume that the eldest and youngest sibling did not warrant that respect. While I have had to write the previous articles based on witness statements, court transcripts, e-mails and comments to my writings, much of the information had been given to me by Diane. Until I started researching what she was telling me, I had to trust that everything she told me contained no falsehoods, regardless of how unbelievable some of what she shared was. While I never had reason to doubt her, seeing things in written words only validated her truthful demeanor and approach. It is remarkable to see that family members who are supposed to love their mother could team up with a seemingly corrupt judge, law guardian, healthcare manager and even Dorothy’s court appointed attorney to propagate, extend and expand the abuse.

What should have been a simple project and favor for Diane, turned into a wasted day of everyone’s time. While my friend and I were in the basement trying to figure out the easiest way to hoist a very heavy piece of exercise equipment up a tight flight of stairs, Diane’s brother stormed into the house. To ask for simple pleasantries was immediately out of the picture, as his attitude was as nasty and narrow-minded as some of the e-mails and comments he had sent me. I said hello to him when he came downstairs, and he started asking what we were doing, even though he had already been told upstairs. I have learned that the best way to see the true demeanor of a person is to let them speak. Virtually every word that came out of his mouth was either antagonistic or a straight out lie.

My intention had been to keep Diane’s siblings out of any further articles, but after this incident they both earned their way back in. Law guardian abuse cases are difficult enough. Judges will seize on family dissension as an excuse to wrestle control away from the person who should be the rightful guardian. When you have someone like the brother in this case, then it becomes even more difficult because they will align themselves with the corruption, rather than with what should be done in the best interests of the person put into guardianship.

Full Article and Source:
When Family Abets the Heartbreak of Guardian Abuse

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Huguette Clark Signed Two Wills!

November 30, 2011

A newly publicized will by an heiress to a Montana copper mining fortune leaves most of her $400 million estate to her family, while a will signed just weeks later left nothing to relatives.

The childless Huguette Clark died in May at age 104 – a last breath of New York’s Gilded Age that produced the Rockefellers, Astors and Vanderbilts.

Her relatives brought the new will to light on Monday: They filed court papers asking a Surrogate’s Court judge to involve them in proceedings about how her money was spent – and by whom – while she was alive.

Clark’s relatives accuse her co-executors, attorney Wallace Bock and accountant Irving Kamsler, of plundering her fortune. The two were among the few who for years had access to the reclusive Clark in her Manhattan hospital room. Clark had left her 42-room Manhattan home – the largest residence on Fifth Avenue – decades earlier, choosing to live undisturbed at the hospital.

A court-ordered accounting of the Paris-born heiress’ finances as overseen by Bock and Kamsler in the last 15 years of her life is “a chilling report of the mishandling, misappropriation and mismanagement” of her assets, the relatives’ lawyer, John R. Morken, wrote in papers filed Monday.

While Clark was confined to a hospital room, her spending amounted to about $1 million each month, Morken said, citing the figures.

Monday’s filing, which was first reported by msnbc.com, included a will signed in March 2005, about six weeks before another will that Bock and Kamsler filed shortly after Clark’s death.

Full Article and Source:
Huguette Clark, Montana Copper Heiress, Signed Two Conflicting Wills Before Death

See Also:
Huguette Clark Left $34mil to Nurse

FL: Some ALF’s Pay Kickbacks for Residents, Task Force Told

November 30, 2011


When assisted-living facility owner Linda Cole phoned another owner in the hope of buying his Internet domain name, the man told her he found new residents the old-fashioned way: He paid for them.

“You do realize that’s illegal,” Cole said she told the man.

But his response was blunt: He was forced to pay for bodies, otherwise he wouldn’t fill his beds, she recalled.

During the final meeting of the state’s ALF work group Monday afternoon, owners and advocates for residents — many from South Florida — said the practice of paying kickbacks to fill their homes was rampant throughout the state, even though so-called “patient brokering” has been illegal in Florida since 1996.

The problem was among dozens recounted during the packed session at Florida International University before the task force members, who are expected to offer solutions to an industry that has been under fire with revelations of squalor and abuse in assisted-living facilities across the state.

Full Article and Source:
Some ALF’s Pay Kickbacks for Residents,Task Force Told

Pauper V Probate: Children as Pawns for Judicial Retribution

November 29, 2011

Throughout the course of The “Temporary” Conservatorship of John Daniel Tate, my daughters have been shamelessly used as pawns, not only by the court, but especially in cooperation with my ex-wife, Katerina Kazokos Tate, who has used our daughters as pawns without giving second thought. I have kept my ex-wife out of the press for the sake of the children, but there is no depth to this depravity, so now I must expose her, for she is causing great harm to my daughters.

This post will lay out, document by document, just one recent example of this egregious action, and by the time you’re done reading, you should be outraged at what lengths a court will stoop to harm in order to protect itself.

In a recent post, I’ve made reference to how Tennessee Homeland Security has, in effect, caused my ejection from the state of Tennessee. In this on-line pleading I will demonstrate what this entails, how it happened, and all parties involved in this illegal, fraudulent and malicious action. You will be outraged and, I would hope, further compelled to join me in my effort to have Judge Randy Kennedy impeached.

Judge Phillip Smith is involved, 4th Circuit Court, Davidson County, TN, whose divorce/child support courtroom is right down the hall from Judge Kennedy’s, and whose abuse of robes appear to be marching orders of retribution, and this allegation was also suggested to me by attorney Michael Hoskins, but will outrage the reader by the time you’ve “followed the paper trail”, and see how these illegal practitioners will unconscionably use children as pawns in their acts of judicial retribution, in cooperation with DCS and especially Child Support Services.

Full Article and Source:
ImpeachRandyKennedy: Pauper V Probate – Children as Pawns for Judicial Retribution

Impeach TN Judge Randy Kennedy

November 29, 2011
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The Surprise Ending!

November 29, 2011

Yesterday we posted a new conservatorship/guardianship abuse story about a Nashville woman named Jewell Tinnon. Today we call your attention to analysis of that piece as posted at Impeachrandykennedy’s Blog by Nashville’s own adjudicated-pauper-by-probate-court Danny Tate.

In Pauper v. Probate: THE SURPRISE ENDING!, Tate discusses the “trademarks of abuse and corruption represented in this story” and connects the dots of players involved. Estate of Denial® encourages you to check out the great reporting on this story by WSMV Channel 4′s Nancy Amons as well as Danny Tate’s experience-based analysis.

The cast and mechanics have been seen before and this Nashville crew has counterparts in large and small counties across this country. In her reporting with regard to probate actions, Amons says “One woman ended up losing everything, and it could happen to anyone.” She’s right.

Source:
Danny Tate Analysis of Newly Exposed Jewell Timmon Nashville Probate Case

See Also:
ImpeachRandyKennedy – Pauper V Probate: The Surprise Ending

Woman’s Death Raises Questions

November 28, 2011

Don Esco sought skilled nursing care at a Placerville facility for Johnnie, his wife of nearly 61 years, when she was recuperating from a bout with pneumonia. She died 13 days later. Esco sued, alleging that the medical charts lied about Johnnie’s treatment.

After nearly 61 years of marriage, Esco’s Texas-born dream girl – nicknamed “Sunshine” – died after a 13-day stay at the El Dorado Care Center in Placerville. Recuperating from a bout with pneumonia, Johnnie Esco, 77, was expected to return home with her husband after some rest and skilled-nursing care.

Don Esco buried his wife instead.

The nursing home and its former owner, Horizon West Healthcare Inc. – a Rocklin-based company with a history of licensing violations and run-ins with regulators – would soon be at the center of another legal storm.

Johnnie Esco’s death on March 7, 2008, led to a contentious civil lawsuit, investigations by California’s Department of Justice and Department of Public Health – and the exhumation of her body from Arlington National Cemetery.

Last week, amid inquiries from The Bee, the state Department of Justice reopened its criminal investigation into Johnnie Esco’s treatment at the facility.

The case also raised questions about an aspect of nursing home care that many patients and families take for granted: the integrity of medical records.

“They were just penciling in what they wanted to,” said Esco, who obtained his wife’s medical records after her death.

He summed up his findings during the lawsuit in one word: “Fabrications.”

Esco’s suspicions about his wife’s care at El Dorado Care Center mushroomed into a broad lawsuit filed in 2009 against the facility and its owner, alleging elder abuse, wrongful death and fraud. An integral aspect of the suit, filed by Esco and his three grown children, accused the facility of falsifying, altering and improperly handling the woman’s medical charts as far back as her day of admission.

“It’s really one of the most egregious cases I’ve ever handled,” said the family’s Sacramento attorney, Lesley Ann Clement.

Full Article, Video, and Source:
Woman’s Death Raises Questions

Falsified Patient Records are Untold Story of California Nursing Home Care

November 28, 2011


On September 18th and 19th, the Sacramento Bee published an alarming series on the common complaint that nursing home records often have little to do with reality. The two-day series examined cases involving falsified nursing home records, including fabricated records that played a role in the death of a resident. In addition to pointing the finger at nursing homes for creating fake records, the articles illustrate how little the California Department of Public Health is doing to address this problem.

The series included the following tips from CANHR on monitoring nursing home records.

CHARTING – YOUR CHECKLIST

• Nursing home residents and their representatives have a right to review the individual’s medical records.

• Review the resident’s written assessment, known as the minimum data set, or MDS. Also ask to see the resident’s care plan upon admission, and each time it is updated. Ask the nursing home to make changes and corrections as needed.

• Review medication records periodically to make sure the resident is not being given any drugs, especially psychoactive drugs, without knowledge and consent.

• Check routine nursing records, such as bathing ledgers, if neglect is suspected.

• If a resident is injured or abuse is suspected, review the nursing notes during the period in question and ask for copies of any official reports.

• If therapy services are being discontinued, denied or are otherwise in question, examine the therapy notes and physician orders to evaluate if the resident’s therapy needs and services are appropriately documented.

• Social service notes can be a good source for learning the resident’s overall status and care needs.

• If the doctor has ordered lab work, review test results and whether the staff and doctor have taken appropriate action.

• If you have concerns about the content or accuracy of any records, request copies immediately.

Source:
Falsified Patient Records are Untold Story of California Nursing Home Care

See Also:
CANHR.org

Investigation Reveals Failures in Protecting Oklahoma Nursing Home Residents

November 27, 2011

Nurses who used to work at Rest Haven Nursing Home in Tulsa describe it as a house of horrors.

“There was verbal abuse, physical abuse, lots of things reported,” said Rita Rodriguez, a former nurse at Rest Haven.

She says Rest Haven was an unsafe environment that, even after complaints, never got better. She listed some of the worst offenses.

“The rats, the roaches, the filth,” said Rodriguez.

Rodriguez had been a nurse at Rest Haven for a couple of years when another veteran nurse, Toby Dale, began working there this year.

“I’ve seen patients that were covered in maggots, that you know was taken to the showers, tub area, and put into a vat of water with half a cup of bleach and dipped, kind of like a dog,” said Dale.

Both nurses say Rest Haven was the worst nursing home they’ve ever worked in and say it should have been shut down years ago. They called the Oklahoma Impact Team after they were fired from Rest Haven, they say, for alerting the state to patient abuse.

“They really don’t care about the residents,” said Dale. “They just, they belittle them. They make fun of them. They talk about them. They cuss them.”

“It was just a whole lot of patient abuse that never was dealt with,” said Rodriguez.

Inside Rest Haven, nursing home staff told our undercover producers Rest Haven was a happy place where residents were well taken care of. But the hallways and facilities were dirty and smelly and at one point, an employee blocked off a patient room to keep our producers from looking inside.

Full Article,Video and Source:
Investigation Reveals Failures in Protecting Oklahoma Nursing Home Residents

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Warning! Medicaid Phone Scam

November 27, 2011

Alabama Medicaid officials warn that a telephone scam has been reported aimed at obtaining personal and banking information from Medicaid recipients.

Medicaid Deputy Commissioner for Beneficiary Services Lee Rawlinson said Alabama residents have reported receiving phone calls from people pretending to be Medicaid eligibility workers. Rawlinson said the callers ask for bank account numbers and other personal information so they can send out a new identification card.

She said Medicaid workers would never call and ask recipients for bank account numbers over the telephone.

Suspected fraudulent activity should be reported to the agency’s fraud hotline at 1-866-452-4930.

Full Article and Source:
Alabama Medicaid Officials Warn of Fraudulent Phone Calls Seeking Personal Information