Archive for April, 2012

NH Guidance Counselor Accused of Assaulting Elderly Relative

April 24, 2012

Hopkinton school officials say they are unsure if the district will seek dismissal of a guidance counselor accused of repeatedly punching and kicking his 74-year-old relative in a Manchester parking garage.

Gene Fox, who has worked at the town’s middle / high school for seven years, was placed on paid administrative leave Sunday after being charged with the assault. Superintendent Steve Chamberlin said yesterday the district is still gathering information about the incident, adding that it’s too early to know what action will be taken.

Full Article and Source:
Officials Mull Counselor’s Dismissal

Widow’s Guardian Sues Holocaust Center Over $1-Million ‘Pledge’

April 23, 2012

Relentless harassment, intimidation and deception are how the Holocaust Documentation and Education Center sought to collect an “invalid” $1-million pledge from an incapacitated 89-year-old widow, according to a new lawsuit.

Ada Feingold, of Plantation, and her guardian, Zipora Geva, of Aventura, have had enough and are now asking the courts to intervene.

“We want to put an end to this,” said attorney Rebecca Fischer, who represents Geva. “It has become clear that there’s not going to be a resolution and rather than have this hanging over the ward’s or guardian’s heads we decided to take action.”

The lawsuit asks that Feingold’s alleged pledge be ruled “invalid and unenforceable for lack of a valid contract”; that the center be found negligent for improperly using the $260,000 Feingold did donate; and for the return of 13 paintings created by Feingold’s late husband, Julian.

Filed Thursday in Broward Circuit Court, the suit requests a jury trial and damages in excess of $15,000.

Former state Sen. Steve Geller, who represents the center, said the lawsuit was news to him.

“Haven’t seen it yet, don’t know what’s in it, can’t comment on it,” Geller said. “I’m very surprised about the lawsuit, because I was under the impression that things were being resolved in an amicable fashion.”

At the hands of the center and its representatives, Feingold has “suffered monetary loss, mental anguish and psychological injury,” the suit says.

In its quest for Feingold’s money, the lawsuit says, the center and its representatives have asked Feingold for her credit card number and deducted $5,000 from the account, encouraged Feingold to alter her will and break the guardianship, and actively sought to alienate Feingold from her family and caregiver.

Full Article and Source:
Widow’s Guardian Sues Holocaust Center Over $1-Million ‘Pledge’

Scammed Veteran Gets Help Managing Finances

April 23, 2012

It just didn’t sit well — a veteran who’d faced Nazi flak in a B-24 Liberator to defend America facing eviction from public housing — so Chris Murray decided to get involved.

Now Mr. Murray, who serves on Ridgefield’s Board of Education, is in the process of being made a conservator who will oversee 88-year-old Roger McCollester’s finances.

He is starting to raise money for a fund that will pay off debts Mr. McCollester accumulated after falling victim to a scam artist, and ensure the former bomber pilot may remain in his apartment at the Ridgefield Housing Authority’s Congregate Housing on Prospect Ridge.

“Roger’s a friend of mine, and I did not know about his circumstances until I read it online,” said Mr. Murray, who saw a story from the March 15 Ridgefield Press on TheRidgefieldPress.com.

“He is a friend of mine,” Mr. Murray continued. “We had him for Thanksgiving last year, and my son had escorted Roger to the Veterans Day events at East Ridge (Middle School) last fall.

“I decided to intervene, and I met with Roger within days of the article, and Roger agreed, readily so, to my help,” Mr. Murray said.

Full Article and Source:
Scammed Veteran Gets Help Managing Finances

Editorial: Hurting The Ones We Protect

April 22, 2012

As the Tennessean reported Sunday, our system of taking care of people when they are at their most vulnerable, when they are unsure and scared, is in need of repair.

The case of Jewell Tinnon, who two years ago was comfortable in her own paid-for home and now scratches by in public housing, may be extreme, but if the emails, letters and phone calls that have come to the newspaper in the last two days are indication, it is not.

Ms. Tinnon, and others like her, suddenly find themselves under conservatorship. Given to the care of a guardian to make decisions about where they live, who treats them, and what future they have. Their home and other assets can be sold to pay for care, and pay for the conservator.

Each state is responsible for creating rules, processes and laws to ensure those that cannot manage on their own are cared for. And like most systems it works for the large majority of people that need it. But also like most systems, it breaks down under stress.

The conservator industry, and it looks and acts like one, needs to examine itself. When the process ignores durable power of attorney, or valid statements from doctors in its rush to judgment, or when it can’t distinguish the difference between someone who is temporarily addled from someone with Alzheimer’s — and ignores their pleas for review — then it is time for reform.

It may be appropriate that conservators charge from $150 to $300 an hour, but there is no review of those bills. There may be good reasons to limit appeals, but a patient’s request for removal from guardianship should be documented and reviewed by the court.

While most of the individuals who wind up with a conservator are properly, and perhaps well, served, and while court appointed conservators have large, unwieldy caseloads, those responsible should endeavor to treat their charges with the respect they themselves would choose to have.

Davidson County Probate Judge David “Randy” Kennedy, who handles conservatorship cases has reminded attorneys of their obligations, but we should examine ways to improve the system and remove the processes that lead to tragic decisions.

Source:
Hurting The Ones We Protect

Editorial: Conservatorship Works

April 22, 2012

As a 17-year private geriatric social worker and local advocate for the elderly, the glimpse into our state’s issues regarding when and how conservatorships are granted is long overdue. While these two individuals and their attorneys question the necessity and validity of a conservator, many other frail, at risk, mentally and physically impaired senior adults are often never given a chance to escape the fate of their impairment.

If they are not offered legal representation to hold state agencies accountable, who can leave them in deplorable conditions with obvious judgment and cognitive impairment claiming that they could put a word or two together, for example, it negates their chance for help.

Are we so fearful of liability that we turn a “blind eye” and become complacent and lacking in accountability? While our judge, doctors and care agencies are questioned, let’s challenge these advocacy groups and lawmakers who have spoken out on this particular case to consider how additional protective measures, although well intentioned, will add additional delay to any chance of rescue for others. If there is any doubt, we too have front page worthy pictures that have not made it to press… just yet.

Tonya Zuckerman

Source:
Editorial: Conservatorship Works

LA: Seniors Speak Out Against Elderly Services Merger

April 22, 2012

Hundreds of senior citizens packed themselves into the state capitol to make their voices heard.

“We’re not broken! Don’t fix us,” Kitty Askew says. She was up at 5:00 in the morning to take a bus ride to Baton Rouge from Cameron Parish to protest against Senate Bill 690.

That bill looks to merge the Government’s Office of Elderly Affairs with the Department of Health and Hospitals’ Office of Aging and Adult Services. GOEA includes the Council on Aging.

“We’ve been on our own for all these years! We haven’t asked anybody for anything and now, they want to lump us in with everybody,” Askew says. “It’s not going to work.”

She and the many other people worry that merging the two agencies for the elderly will negatively impact the Council on Aging.

Full Article and Source:
Senior Citizens Speak Out Against Elderly Services Merger

Nashville Woman’s Plight Leads Senate to Amend Guardian Law

April 21, 2012

The Senate voted unanimously Wednesday to amend the state guardianship law to require disclosure of any criminal record by individuals seeking to become conservators.

The bill was prompted by the case of Jewell Tinnon, 82, of Nashville, who was placed in a conservatorship after a request by two of her grandchildren. Her story was featured in Sunday’s Tennessean as part of an examination of conservatorships, which are intended to protect those no longer able to care for themselves.

While Tinnon was under court-ordered control, her house, car and all her possessions were sold off, with the proceeds going to pay legal and other fees. The judge overseeing the case, 7th Circuit Probate Court Judge David “Randy” Kennedy, eventually released her from the conservatorship after she obtained medical exams showing her competency. But with her assets gone, she is now living in government-subsidized public housing.

State Sen. Mae Beavers, a Mt. Juliet Republican and the Senate sponsor, said the bill also would give judges considering a conservatorship petition greater discretion on who was responsible to pay lawyers’ fees and other costs related to the case.

She said that under the current law, only the target or ward of the conservatorship can be charged the fees. The new provision would allow a judge to charge other parties, such as someone who filed a frivolous or unwarranted petition.

The House version of the bill filed by state Rep. Gary Odom, a Nashville Democrat, is scheduled for a vote Monday.

Full Article and Source:
Nashville Woman’s Plight Leads Senate to Amend Guardian Law

CA State Mental Hospitals Plagued by Peril

April 21, 2012

When Garth Webb was sent to Napa State Hospital, his parents were relieved.

The bellboy and amateur composer from Sebastopol had been in the throes of bipolar disorder when he was charged with threatening the lives of co-workers. His family encouraged him to plead not guilty by reason of insanity, thinking that in a mental hospital he would get the treatment he needed.

Instead, Webb and his parents say, he was repeatedly brutalized. His main tormentor, a patient in the room next door, assaulted him several times, wrapping him in a headlock and sexually abusing him.

Soon after, the same man strangled a psychiatric worker on the hospital grounds.

“Since I’ve been here, that’s what I’ve witnessed … these random acts of violence,” Webb, now 31, said in an interview from the hospital. “It was a rude awakening.”

Webb’s ordeal offers a window on the failings of a six-year effort to improve conditions in California’s public mental hospitals at a cost of hundreds of millions of dollars.

Under pressure from higher-ups to place the fewest possible restrictions on patients, hospital staff members grew reluctant to take assertive action against violent or unruly ones, according to state records and interviews with hospital officials, employees, patients and their families.

Paperwork intended to document progress toward about 360 separate objectives left staff members with far less time for patients and less flexibility to craft suitable treatments.

“They have succeeded in putting in all these measures and employing people to count their forms,” said Mel Hunter, former executive director of Atascadero, who left the hospital in 2007 because of his objections to the changes. “But in terms of reduction in cost, reduction in time served in treatment and reduction in violence, it’s a failure.”

The architect of the reforms was Nirbhay Singh, a Virginia-based consultant.

Singh came to the United States in 1987 from New Zealand, where he had served as psychology director at an institution for the mentally retarded. He became a professor of psychiatry at Virginia Commonwealth University and developed specialties in “person-centered” care — designed to build on a patient’s strengths — and “positive behavior support.”

Singh had scant experience treating psychiatric patients, let alone the sort of dangerous offenders who fill the state hospitals. He specialized in research on the developmentally disabled, particularly children, and published articles about Buddhist-inspired mindfulness and alternative treatments, such as using the herb kava as a calming agent.

Yet Singh had at least one qualification that appealed to California officials: He was well-acquainted with the Justice Department lawyers who were scrutinizing the state hospitals. They had hired him 21 times over the years, mostly to advise them on problems with care at centers for the developmentally disabled.

Full Article and Source:
California State Mental Hospitals Plagued by Peril

Tape Shows Developmentally Disabled Teen Being Shocked 31 Times

April 21, 2012

A jury in Dedham, Mass., saw video this week of an 18-year-old being tied down and shocked 31 times as he screamed in pain.

The footage was presented by lawyers of Andre McCollins, who is suing the Judge Rotenberg Center for developmentally disabled students, which treated him in part by attaching electrodes to his body and shocking him.

The incident recorded on video took place in 2002 after McCollins refused to take off his coat, according to MyFox Boston.

The station reports that lawyers for the center fought to keep the public from seeing the video, but a judge denied their request.

WARNING: The video below is not suitable for everyone.
http://www.myfoxboston.com/video/videoplayer.swf?dppversion=11212

Graphic video of teen being restrained, shocked played in court: MyFoxBOSTON.com

Full Article and Source:
Judge Rotenberg Center Trial: Tape Shows Teen Being Shocked 31 Times (GRAPHIC VIDEO)

Disbarred AZ Attorney Claims He’s a Victim of Corruption

April 20, 2012

Former Maricopa County Attorney Andrew Thomas is speaking out for the first time about being disbarred.

Protesters clashed with supporters at Thomas’ news conference.

A judge ruled to disbar him for pursuing politically motivated investigations with no probable cause.

A state bar panel found him in violation of more than two dozen rules of ethics.

He insists he’s the victim of corruption.

“Arizona, after what happened yesterday, has become Mexico,” said Thomas at the news conference. “The people of this community need to understand what happened yesterday when my law license was targeted.”

Thomas said he was an honest prosecutor who was unjustly smeared and tarnished.

The sanctions against him and his two prosecutors are set to begin in a month, but they could be delayed if Thomas appeals to the state Supreme Court.

Source:
Disbarred Arizona Attorney Claims He’s a Victim of Corruption


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