Mt. Pleasant lawyer disbarred for stealing money

A Mt. Pleasant lawyer who practiced for 11 years has been disbarred by the State of Michigan Attorney Discipline Board.
 

A hearing panel originally recommended that lawyer Mark J. Tyslenko’s license simply be suspended for 45 days, but the attorney discipline board imposed the full sanction of revoking Tyslenko’s license.

  

According to discipline board documents, Tyslenko kept a total of $9,200 in fees paid to him by clients. The money was supposed to go to the law firm that employed him at the time.

“This is an unfortunate case,” the members of the discipline board wrote. “(Tyslenko), an II-year practitioner with an otherwise clean record and some support in his legal community, made a series of bad decisions, which are entirely inconsistent with the most basic character requirements of a lawyer.”

 

The board’s documents indicated that during 2009 and 2010, Tyslenko had run into financial difficulties. He was having trouble paying his mortgage, as well as medical and other bills for members of his family.

 

Tyslenko, who was working for the Joseph T. Barberi P.C. law firm at the time, admitted taking client payments on five separate occasions but failing to turn them over to the firm. Tyslenko was dismissed from the Barberi firm in October 2010, then went into solo practice.

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Pleasant lawyer disbarred for stealing money

Law ramps up abuse reporting

Although Colorado urges medical and other professionals to report cases of abuse of at-risk elders, it had been one of only three states that did not mandate it.

However, starting July 1, 2014, SB 13-111 will require not only medical and law enforcement professionals, but others — including clergy and financial institutions — to report known or suspected abuse or exploitation of adults over the age of 70.
Those who don’t may face criminal prosecution.

While many of the county’s resources, such as its Adult Protection Team and 24-hour hotline to report abuse, are not new, spokesperson Haley McKean said the county is already ramping up outreach programs to educate and train those that will soon be required to report abuse.

“Counties do anticipate an increase in our adult protection caseloads when the state’s new mandated reporter law goes into effect next summer,” said Arapahoe County District 2 Commissioner Nancy Sharpe, who was part of a statewide elder abuse task force that helped usher in the new legislation.

Arapahoe County is home to more than 41,000 adults age 70 and older — a population that, according to the Colorado State Demography Office, is expected to double by 2025. Statewide, that number is expected to expected to increase 28 percent by 2017, and 142 percent by 2032.

“The law is great, but it’s disappointing we had to pass legislation to get people to do what they should be doing in the first place,” said Karen Dennison, 47, of Denver, who works as a contract home health aide. “I guess it gives us the flexibility to report things directly to the state, but I’m curious to see how a lot of these home health care company policies on reporting may change that.”

Caseworkers found that 487 at-risk adults suffered self-neglect, 287 were neglected by their caregivers, 208 were exploited financially or otherwise exploited by a person in a position of trust, and 131 fell victim to some form of abuse. Most were over the age of 60, frail or suffered from dementia or mental illness.

Among the most common incidents in 2012 were cases of self-neglect, neglect and financial exploitation.

“I guess it’s a step in the right direction to make more people responsible,” Dennison said. “More people means more eyes. It can’t hurt.”

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Law ramps up abuse reporting

Tonight on T.S. Radio: The Trap of Administrative Courts

Callers are most welcome for this show.

Getting sucked into the administrative court system you will find yourself without any rights, faced with a psuedo-judge who either doesn’t know the law, or who has decided the law isn’t profitable enough for him/her. This is a rigged system where you have no possible way of defending yourself or your loved ones.

Join us this evening as Wayne Barbuto, author of “It’s Not The Law” as he explains the difference between trial by jury vs. jury trial. The difference is huge and has an extraordinary affect on your constitutional rights. Do you know why you should never ask for your “civil rights?” But should ask for your constitutional rights. We will also be discussing “administrative courts”. These are not Article 3 courts created in the constitution. These courts have nothing to do with the law.

5:00 PST … 6:00 MST … 7:00 CST … 8:00 EST

Wayne Barbuto:  “It’s Not the Law”!
LISTEN LIVE or listen to the archive later

See Also:
It’s Not The Law.com

Maggots Kept Elderly Woman Alive

Auburn, Washington (CNN) – We’re learning about a horrifying case of alleged elder abuse near Seattle.
Police say the scene was like a horror movie.

Responding deputies spent about 10-hours decontaminating it in haz-mat suits.
Lindsay Cohen has the details.

But first we want to warn you: what police found inside the home — and on the victim — may leave your stomach turning as well.

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Maggots Kept Elderly Woman Alive

Quinn signs new law to protect elderly, disabled

CHICAGO (AP) — Gov. Pat Quinn says he’s signed a new law to better protect elderly Illinois residents and adults with disabilities.

 

Quinn signed the legislation on Monday to create an adult protective services unit within the state Department on Aging. It will be responsible for investigating cases of abuse, neglect and financial exploitation of older people and adults with disabilities.

 

The law also requires special training for caretakers and establishes a team to investigate suspicious deaths.

 

Quinn appointed a special investigator to propose reforms after the Belleville News Democrat reported that the state failed to investigate the deaths of 53 disabled adults who lived at home, despite calls to a state hotline alleging abuse or neglect.

 

The legislation sponsored by State Rep. Greg Harris and State Sen. Bill Haine passed overwhelmingly.

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Quinn signs new law to protect elderly, disabled

Bryan Rosen: Conservatorships in Santa Barbara

We can’t even grow older anymore and live in dignity.  Too many older persons are put under conservatorship, and have their human rights stripped away.  Great concern is expressed for their welfare, particularly when they happen to have money.

I know a man named Jack (changed for privacy reasons).  Five years ago, he was put under conservatorship because he was a binge drinker.  A professional conservator was hired. It was conservatorship of the estate – in other words – the money that was established. No conservatorship of the person was created.   

He was given medications by his doctor, some for dementia, others to pacify him.  He refused to take them, which is his right.  (He has a history of being anti-drug, except for alcohol.)  Were his wishes honored?  No.  Since he wouldn’t take the drugs, they’ve been put in his food.  Some are antipsychotic medications like Saroquel….

~Bryan Rosen

From 6/21/13 edition of the Sentinel:  Conservatorships in Santa Barbara

2001 Then…2013 Now and a "System" still allowing people to work the scam called Guardianship!

 

Woman wins award against group home in conservatorship case

A woman who was placed in a conservatorship without her knowledge has won a $23,050 award from a Sumner County court against a group home that put her to work caring for other residents while she was paying an $850 a month fee.

In a four-page ruling Circuit Court Judge C.L. Rogers ruled that Ginger Franklin of Hendersonville, who was recovering from head injuries, was the victim of “egregious and intentional abuse” while she was confined at a Nashville facility run by Salim Homes.

In the ruling, Rogers concluded that Franklin suffered “mental anguish of grief and worry” when she was forced to provide care for other disabled adults and perform cleaning duties for the owners of the group home.

Franklin was placed in a conservatorship on Aug. 25, 2008, after she fell at her Nashville condominium and suffered a brain injury. She was placed in a conservatorship by Davidson Probate Judge David “Randy” Kennedy and then county Public Guardian Jeanan Stuart was named as her conservator.

Stuart, who has since been removed from the post, placed Franklin at Salim Homes at 509 Phipps Drive in Nashville after she was released from an Illinois rehabilitation facility. Franklin eventually was released from the conservatorship in December of 2010.

In the ruling issued earlier this week, Rogers concluded that Franklin and other disabled residents of Salim Homes “were used to clean business properties and provide care for disabled adults” and also to clean the personal residences of the group home’s owners.

“Plaintiff had no success in contacting her conservator,” Rogers wrote, adding that Franklin “had reasonable fear and worry she could be put out for not cooperating, saying ‘No’ or objecting, she would have no place to go.”

Rogers wrote that it was the duty of Salim Homes “to provide care for these disabled adults. It was not to work a mentally dysfunctional, disabled adult and use them as free labor.”

As the ruling noted, Franklin was being charged $850 a month while at the group home.

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Woman wins award against group home in conservatorship case

Kathleen Mae Littleton Sentenced For Financial Exploitation Of A Senior

A Salisbury woman will spend two months in jail after being convicted in Wicomico County Circuit Court on Tuesday of felony financial exploitation of an elderly woman under her care.

During the trial of 68-year-old Kathleen Mae Littleton, the state presented evidence that she had used her influence as a caretaker for the victim’s daughter to influence the victim, who was 88 years of age at the time and unable to care for her daily needs, into appointing Littleton as her power of attorney and to name Littleton in the victim’s will.

Court documents show that a variety of sitters who had worked for the victim made statements to Detective Jen Barnes of the Salisbury Police Department of threats made by Littleton to the victim that if the victim did not do as Littleton requested, Littleton would put the victim in a nursing home.

Witnesses told police that Littleton began firing sitters whom she believed were getting emotionally too close with the victim and once fired would not permit them to have any contact with the victim, not even by telephone. The victim’s own daughter was not permitted to have unsupervised contact with the victim, court records showed. Witnesses also indicated that the victim was not permitted to make telephone calls without first getting approval from Littleton.  One sitter was fired, she told police, because she had taken the victim for medical care without first getting approval from Littleton.  Another sitter was fired for taking the victim to watch baseball games as an outing for the victim, according to court documents.

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Kathleen Mae Littleton Sentenced For Financial Exploitation Of A Senior

Beware the Financial Abuse of Psychologically Vulnerable Seniors

A new study advises clinical gerontologists to be aware that psychologically vulnerable seniors are at risk of financial exploitation.

Researchers at Wayne State University, in collaboration with Illinois Institute of Technology, discovered financial exploitation of the elderly is on the rise.

This exploitation, which includes telemarketing scams, fake home repairs, fake check scams, identity theft and more, costs approximately $3 billion each year.

Experts say the research is unique with the listing of factors that predict exposure to financial fraud or victimization. The study is also the first to review financial exploitation with a psychological-vulnerability perspective.

“This study illustrates how we can enhance our understanding of this major issue by performing a clinical analysis instead of one that stops at epidemiological or broad population-based reviews,” said Peter Lichtenberg, Ph.D., lead author of the paper. “Those in the clinical study showed characteristics of extreme depression symptoms and perceived low social-status fulfillment, thus showing they were more vulnerable to the experience of theft of scams. “

The study included 4,440 participants.

Researchers discovered that among the 4,440 participants, those who were the most psychologically vulnerable – with the highest levels of depression and lowest levels of social-needs fulfillment — experienced higher levels of fraud compared to those who were not vulnerable psychologically.

“One of the most significant findings of our study was with the most psychologically vulnerable population,” said Lichtenberg. “The combination of high depression and low social-status fulfillment was associated with a 226 percent increase in fraud prevalence in this population.

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Beware the Financial Abuse of Psychologically Vulnerable Seniors