Archive for July, 2013

Former CFO, lawyer plead in St. Louis pre-arranged funeral fraud case

July 16, 2013

ST. LOUIS • Two more defendants involved in what prosecutors have called a “Ponzi-like” pre-arranged funeral scam that could cost $600 million pleaded guilty Tuesday to federal charges.
The former chief financial officer of National Prearranged Services, Randall K. Sutton, 67, of Chesterfield, pleaded guilty to charges of bank fraud, mail fraud, money laundering and insurance fraud.

A few hours later, the company’s former lawyer, Howard A. Wittner, 76, of Chesterfield, pleaded guilty to two counts of making false statements intended to deceive insurance regulators, and to willfully permitting a felon to engage in the insurance business.

Wittner admitted lying to state regulators and concealing the source of money used to buy a medical malpractice insurer. The third count refers to former owner, James “Doug” Cassity, a convicted felon.
Under the plea deal with prosecutors, Sutton faces up to seven years in prison, and Wittner faces up to five years when sentenced Nov. 7.

The pleas leave one remaining defendant, former investment adviser David R.

Full Article and Source:
Former CFO, lawyer plead in St. Louis pre-arranged funeral fraud case

Elder Care Homes Ensnared By Foreclosure Crisis In California

July 16, 2013

This article was made possible with support from the Economic Hardship Reporting Project.

Richard Miller, 77
 Richard Miller had been living in his second-floor San Francisco apartment for 23 years when, one day in 2010, he fell down the stairs. His doctor recommended he move into a residential care facility for the elderly, where residents have meals provided and, if needed, get help with dressing, eating and bathing. Miller wasn’t eager to make the move, and three years later, he has had plenty of reasons to regret it.

Miller, who is now 77, suffers from several health problems. He has sleep apnea and congestive heart failure, which causes him to get winded easily and pause every 10 or so steps to catch his breath. A large man with a thick swatch of white hair and a booming tenor voice, he calls his cane a “kind of a security blanket” because he’s had two knee operations, and one of his legs sometimes gives out.

Miller’s fall and subsequent move led him to two different elder care facilities — both of which, he discovered later, were in foreclosure. He now lives in a third facility called Morning Glory Care Home, a four-bedroom elder care house on a cul-de-sac in Vallejo, a city of roughly 117,000 that’s 35 minutes northeast of San Francisco. But only a few months after moving in, he noticed some unusual visitors passing through the home. “Two women came through with clipboards and were kind of looking around,” he said. “When you’re 76 years old and it’s your third place, you get a little bit scared.”

His fears turned out to be justified. He asked the home’s administrator about the women and was told they were relatives. But Miller didn’t believe him. As more strangers floated in and out, he felt an uneasy sense of foreboding. “So I Googled the property,” he said, “and was blown away to find that it had been in foreclosure since December 2010.”

Most disturbing to Miller was the lack of warning that his home was foreclosed. Despite a law put into force in January 2012 that expressly requires the people operating the homes to inform residents about the change, those in charge did not tell him that Morning Glory was in foreclosure. Nor had he been given any warning about his previous two residences. “The first home was bank-owned and being put up for auction,” he said. “The second one — there was a notice on the door — and [the owner] yanked it off so we couldn’t see it.”

Miller’s experience of moving to three different facilities in just over a year’s time — and the possibility that he’ll have to move to a fourth — may be extreme. But the elderly having to shuffle from home to home is certainly not a rarity in boom-and-bust California, where about 170,000 individualsuals live in residential care facilities that in some areas face alarming foreclosure rates. A state law requiring owners and administrators of these homes to inform authorities and residents if they miss a mortgage payment seems little more than words on paper. In many cases, the authorities are as much in the dark about a home’s financial troubles as the residents and their families.

The state Department of Social Services only has the personnel to check up on 30 percent of these homes each year, according to the California Health and Human Services Agency. Those serving as long-term care ombudsmen, who visit the homes regularly, are many times similarly uninformed about a home’s status change.

“We often don’t know that a place is closed until we knock on the door,” said John Lord, a long-term care ombudsman in Vallejo.

When it comes to health and quality of life, experts are inclined to agree that moving often and abruptly is a bad idea for the elderly, especially for those who are frail or suffering from conditions such as dementia. “The trauma for them becomes being in a new setting where nothing is familiar, and they don’t know how to adjust,” said Ruth Gay, director of public policy and advocacy for the Alzheimer’s Association of Northern California and Nevada. “It manifests in things like agitation, aggression, fear, withdrawal, and people start to decline … They are at risk for falling, not eating well, and all of those things can be a vicious cycle downward.”

Full Article and Source:
Elder Care Homes Ensnared By Foreclosure Crisis In California

Shady Practices in Conservatorship

July 15, 2013

Bryan Rosen’s recent letter to the “Independent” detailing Judge Stern’s startling ignoring of a proper “Power of Attorney,” thereby forcing the use of psychotropic drugs on a person trapped in the court’s Conservatorship program, is only the most recent example of the extensive and repeated corruption of our local court’s management of this system.

 
I’ve asked the editor of the new Santa Barbara online publication “Mission and State” – which specializes in investigative journalism – to explore this issue. No luck so far.

Full Article and Source:
Shady Practices in Conservatorship

See Also:
Bryan Rosen: Conservatorships in Santa Barbara

Psychological Vulnerability in Older Adults Increases Risk for Financial Exploitation

July 15, 2013

Older adults with extreme depression symptoms and low social status fulfillment are at greater risk for financial exploitation, according to new data.

Researchers analyzed data from a representative US sample of 4,461 respondents from the 2002 Health and Retirement Study regular survey and a 2008 Participant Lifestyle Leave Behind Questionnaire. Respondents were 61.9% female, 85.4% white and their mean age was 65.8 years. A majority (70.6%) reported having partners.

 
Financial fraud, including identity theft, fake home repairs and telemarketing scams, in the overall sample was 4.5% with 52.7% of respondents reporting satisfaction with their finances. The most significant prevalence of fraud (14%) was observed among older adults with the highest depression and lowest social-needs fulfillment, compared with the rest of the sample
 

‘Life With Pop"

July 15, 2013

From bestselling author and clinical psychologist Janis Abrahms Spring comes a refreshingly honest and tender portrait of a devoted daughter caring for her father through his final years of life

After her mother died, Janis Abrahms Spring “inherited” her father-Pop- and set off on an all-consuming five-year mission to make his days as rich and comfortable as possible. This is their story, overflowing with humor, insight, and love. In beautifully crafted vignettes, spring brings their deepening relationship to life-both the joy and the imposition, the happiness and the heartaches.

From her unique perspective as a clinical psychologist, Spring explores the emotional and practical complexities of parenting a parent. Inspiring, deeply moving, and frank, Life with Pop is an ultimately comforting meditation on a universal experience, as well as a book with profound lessons on how to grow old gracefully.

Available @ Amazon

Tonight on T.S. Radio: How Judges Help Attorneys Steal From the Elderly and Disabled

July 14, 2013

Join us this evening as Richard Kuse, Sassoon Sassoon, and Gary Wildman join the show to talk about the court run grand theft, embezzlement and estate theft, rackets operating in New York State.

Friends of judges, utilizing their courts, are cashing in on estates via the buddy system operating in New York Surrogate courts. As and example: In the case of Ted Ammon (deceased) $10 mil in court approved attorney fees! Estate theft, forged documents, murder and grand larceny. Learn the difference between an exemplified vs. certified court docket. Judges are not only condoning the theft from the clients, they are helping attorneys do it.

6:00 pm MST … 7:00 pm CST … 8:00 pm EST

LISTEN LIVE or listen to the archive later

Connecticut Department on Aging Will Better Serve State’s Growing Senior Population

July 14, 2013


(HARTFORD, CT) – Governor Dannel P. Malloy, joined by Lieutenant Governor Nancy Wyman, state Department on Aging (SDA) Commissioner Edith Prague and members of the General Assembly’s Aging Committee, held a ceremonial bill signing today for Public Act 13-125, An Act Concerning the Department on Aging.  The legislation fully establishes SDA which was statutorily created on January 1, 2013 and will ensure that Connecticut’s seniors have access to the supportive services necessary to live with dignity, security, and independence.

“Under the leadership of Commissioner Prague, this department will greatly improve the quality of life for our state’s growing senior population,” said Governor Malloy.  “Over the last decade, the number of elderly residents living in Connecticut has grown nearly 5 percent and currently makes up more than 14 percent of the state’s population – that number is expected to grow to 21.5 percent of the population by 2030.  This is why it is crucial that we have an office specifically designed to assist these residents and administer the services and programs that they depend on day-in and day-out.”

The department will be responsible for managing a variety of federally funded programs at the state level under the Older American’s Act.  All appropriate functions, programs, and duties within the Department of Social Services’ (DSS) State Unit on Aging and Office of Long Term Care Ombudsman will be transferred to the newly-formed SDA.  In March, Governor Malloy tapped former State Senator Edith Prague of Columbia to serve as the Commissioner of SDA.

“There’s much we need to do to help elderly residents in our state and, now that we have a department that focuses specifically on them, we can work on improving the way we deliver those services,” said Lt. Governor Wyman.  “As the past chairman of the State Senate’s Committee on Aging, Commissioner Prague has experience on issues pertaining to elderly services and is well-respected by her colleagues in both parties as a staunch advocate for senior citizens across the state.  I am happy to have Commissioner Prague as a partner as we work towards the Governor’s goal of improving the quality of life and care for Connecticut’s older adults.”

Full Article and Source:
Connecticut Department on Aging Will Better Serve State’s Growing Senior Population

VI Officials Ponder Uniform Guardianship Jurisdiction Legislation

July 13, 2013

One of AARP Virgin Islands most recent advocacy projects involves helping community opinion leaders and local legislators to appreciate the importance of adopting the national Uniform Law Commission’s Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, also known as UAGPPJA.

In a nutshell, the legislation would establish three very basic legal premises that would be recognized by all other states who also adopted the UAGPPJA. First, it would determine which court has jurisdiction over a guardianship case. Next it would create a system where courts could communicate and formally recognize one state’s guardianship orders by another state or, in the Virgin Islands, territory. And, lastly, this new law would facilitate interstate transfers of guardianship cases when travel between jurisdictions would benefit the person under guardianship.

While many of us may feel that such a law seems straight forward and clear, history has proven that it isn’t. Too many times, some of the most vulnerable, incapacitated adults have become victims of battling family members wishing to exploit guardianship solely to gain control of the incapacitated person’s estate.

Like the Uniform Child Custody Jurisdiction Enforcement Act, that preceded UAGPPJA, the law will recognize and protect the legal rights of the parent or guardian, providing legal consistency from one jurisdiction to another.

AARP VI feels that enactment of this law will help to prevent elder abuse, neglect and exploitation as well as help expedite medical care unavailable within the territory to be rendered without having to “re-establish” legal guardianship in the new jurisdiction.

During a two-day event, AARP VI first trained key AARP volunteers on the topic and then on the following day educated the President of the 30th Legislature, a key Judge, attorneys from the public and private law sectors and officials from the Department of Human Services. All agreed that the adoption of the UAGPPJA will prove invaluable to the residents of the Virgin Islands, our legal system as well as  to others from other jurisdictions planning to interact with the territory.

Full Article and Source:
VI Officials Ponder Uniform Guardianship Jurisdiction Legislation

Ageism in the Media: An Interview with Emmy-Award Winning Actress, Doris Roberts

July 13, 2013

“Would you tell Picasso he couldn’t paint anymore because was too old?”—that’s just the type of treatment that older people are faced with in the media these days, says veteran actor Doris Roberts, who was awarded an Emmy Sunday night for her co-starring role as the strong-willed Marie Barone on CBS’s Everybody Loves Raymond. Roberts will also be seen leading the cast in The Hallmark Channel’s A Time to Remember

The Parents Television Council recently talked with Roberts about the depictions of seniors in advertising and on television. Why the push towards reaching younger audiences?  Roberts feels that advertisers target a young demographic because older audiences consider their consumer choices more carefully than young people. “They don’t want an older audience because we have a brain.” The message that Roberts wants to give advertisers is “change our minds by working harder—I will buy a different car if you tell me it’s safer or give me instructions on how it works better for me.” Marketers target youth because they are easier to convince. Ms. Roberts finds the quest by advertisers to target young buyers puzzling when more than three quarters of the wealth in the United States is controlled by older Americans. “Young people can’t afford to buy cars. Young people don’t buy houses” she asserts. So why then, the push for youth-oriented marketing strategies?
Advertisers are influenced by what Roberts refers to as “image-makers” and this image-consciousness is what leads to the ubiquitous ads featuring young, beautiful woman in advertisements for anything from alcohol, to cars, to magazines. “Nowhere do you see a picture of a woman over the age of 45 on a magazine cover. They’re airbrushing us out of society.”
The rise of television programming rife with sex and violence is because these image-makers are attempting to draw young viewers in with racy, envelope-pushing content. Clean shows that appeal to older viewers — such as Diagnosis Murder and Dr. Quinn, Medicine Woman — even though they may perform better in the ratings, are bushed aside because that’s not the image the networks want to project, and that’s not the audience they want to attract.
Roberts says that the problem is further exemplified in the portrayals of seniors in television programming. Seniors are not seeing accurate representation of themselves on television.  “[Seniors] do not see themselves portrayed and when then do, it’s in a demeaning manner. They’re referred to as ‘over the hill,’ ‘old goats’ and ‘old farts’—oh please, ugly ways of talking about us.”

Full Article and Source:
Ageism in the Media: An Interview with Emmy-Award Winning Actress, Doris Roberts

Linda Kincaid Reports: California Senate Judiciary Committee vote to curb elder abuse by conservators

July 12, 2013


AB937 & Conservatees’ Rights: Senate Judiciary Committee 6/11/13

AB937 will clarify that a conservatee retains basic personal rights guaranteed in the California Constitution. These rights include the right to receive visitors, the right to telephone calls, and the right to personal mail, unless specifically limited by court order.

This most basic right to engage in personal relationships is routinely violated by California conservators. The bill’s author, Assembly Member Bob Wieckowski writes in the bill analysis:

They then use their incorrect belief of absolute control to completely isolate conservatee from the outside world. No visitors, no phone calls, no mail from life partner, family, friends, neighbors, clergy, and/or advocates.
AB 937 clarifies the Probate Code to state that in a conservatorship, the conservatee still retains personal rights such as the right to receive visitors, telephone calls and mail, unless these rights are limited by court order or need to be limited to protect the conservatee from abuse.

The bill analysis adds comments from an advocate whose mother was the victim of an abusive conservator.

My mother, Carol Hahn in San Bernardino County, was isolated by her conservator for fifteen months in 2010 and 2011. The conservator allowed no visitation and severely restricted phone calls. Mom’s right to visitation was finally restored by a restraining order against continued isolation. That effort cost family $70K in legal fees. The cost to my mom was far greater. During the time she was isolated, Mom lost her memories of loved ones and she lost the ability to walk.

I soon learned of other victims of the same type of abuse. The Santa Clara County Public Guardian isolated Gisela Riordan and Lillie Scalia beginning in 2010. Gisela was allowed no visitors, phone calls, or mail for two years. Lillie was completely isolated from family for one year; then she was allowed some limited visitation the second year.

Personal rights were restored to Gisela and Lille as a result of media coverage by ABC7 in San Francisco. Lillie has been returned to her home, and Gisela is now allowed visitors. Without media coverage, both women would likely still be prisoners.

The San Joaquin County Public Guardian isolated Maria Jordanou from her husband and son for the last month of her life in 2012. Maria died believing that her family had abandoned her.

Full Article and Source:
California Senate Judiciary Committee vote to curb elder abuse by conservators

See Also:
Linda Kincaid Reports: California Assembly Judiciary Committee vote to curb elder abuse by conservators

 Linda Kincaid Reports: Elder Abuse of June Guinn by Modesto, California Conservator

 ‘David Fettgather: Dependent Adult Abused by Californial Conservator’

 Linda Kincaid Reports: Silicon Valley Tax Dollars Fund Elder Abuse: Public Guardian Takes Control of Gisela Riordan

 Linda Kincaid Reports: Isolation and False Police Report in CA Facility


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