Archive for the ‘California’ Category

Michael Lohan Wants Lindsay Lohan Conserved!

October 24, 2012

Michael is reportedly hoping to get a conservatorship for Lindsay, TMZ reports. He told his attorney that Lindsay is “in the danger zone,” taking drugs and hanging out with a bad crowd.

Michael does not want to be Lindsay’s conservator or run her finances, according to TMZ. He wants a judge-appointed conservator to help convince his daughter to go to rehab and get his ex-wife Dina to take the family to therapy.

Source: Michael Lohan Wants Lindsay Under Conservatorship

Attention California Advocates: Public Hearing on Conservatorship Fees

October 23, 2012

Assemblyman Jim Beall and Sarah Triano, executive director of the Silicon Valley Independent Living Center, will hold a public hearing Wednesday in San Jose on proposed rules [on conservatorship fees] now before the Superior Court.

The hearing is scheduled for Wednesday October 24, 11 a.m. at the Alquist State Building, 100 Paseo de San Antonio.

Source:
California lawmaker calls on the public to help protect incapacitated adults from excessive fees in probate court

High court suspends lawyer after thefts reported

October 22, 2012

An attorney who leads Laurel’s school board has been temporarily barred from practicing law after he acknowledged keeping fees paid by clients hidden from other partners in his law firm, the state’s highest court says.

Patrick E. Vanderslice, 44, of Laurel, was suspended from the bar for a year by the Delaware Supreme Court, a more severe level of discipline than the public reprimand and probation the state’s Board on Professional Responsibility had advised was the proper punishment. The decision came after Vanderslice admitted to his partners at the Georgetown firm Moore & Rutt, P.A., he had stolen $1,780 in client fees from December 2010 to September 2011.

“Because Vanderslice committed theft (an offense involving dishonesty and a breach of trust,) we conclude that he should be ‘professionally answerable’ for his conduct,” the Supreme Court wrote in an Oct. 12 opinion. “A public reprimand, usually reserved for inexperienced lawyers… would be unduly lenient.

Full Article and Source:
High court suspends lawyer after thefts reported

Britney Spears emotionally manipulated in conservatorship, says ex nanny

October 20, 2012

Washington, Oct 17: Britney Spears’ former nanny is all set to testify that the pop singer has been emotionally manipulated throughout her court-ordered conservatorship along with offering shocking details, when she takes the stand this week as a witness for the ‘X Factor’ judge’s former manager Sam Lutfi.

Lourdes Torres, who has spent a great deal of time with the Spears family, is also said to present shocking details when she appears as witness for Lutfi in his ongoing breach of contract, libel and defamation case for comments pop singer’s mother Lynne Spears made in a book about her life.

“Lulu is going to be called as a witness by Sam Lutfi’s lawyer to testify about what she witnessed when she was a nanny to Britney’s two children, in the months after the conservatorship was put in place in 2008,” Radar Online quoted a source as saying.

Full Article and Source:
Britney Spears emotionally manipulated in conservatorship, says ex nanny

Recommended Website: CARR – Consumer Advocates for RCFE Reform

October 12, 2012

Consumer Advocates for RCFE Reform (CARR), was founded by Ms. Chris Murphy in May 2009, as an extension of her thesis work for a Master’s Degree in Gerontology at San Diego State University.

In early 2009, she began reviewing RCFE public records maintained at the local offices of Community Care Licensing Division (CCLD). As she collected data, she made two observations:

(1) Having been through the process of placing her mother in a local RCFE several years earlier, she realized that if she would have had access to the information she was seeing in the public file, her placement decision may have been different; and

(2), she recognized the process for requesting and obtaining the public documents for any given RCFE was cumbersome and lengthy. She also found the file documents to be unfamiliar, out of context and therefore, difficult to understand.

From these observations, the idea emerged: A website allowing free and immediate access to a facility’s public documents, thereby eliminating the state’s cumbersome request-and-return policy, and a site that offers essential information for the consumer of long-term care.

Concurrent with her thesis work, she met Ms. Chrisy Selder, at that time, also a Gerontology Master’s candidate. Together, they engaged in serious brainstorming and planning for this site. While on paper Chris is the founder, they consider themselves to be co-founders.

CARR is incorporated as a California public benefit corporation, in good standing. In January 2011, CARR received its designation by the Internal Revenue Service as a 501(c)3 Public Charity.

Source:
Consumer Advocates for RCFE Reform

Battling Back from a Brain Injury

October 10, 2012
[T]ransportation accidents and falls, particularly among the elderly, are leading causes of TBI, and one serious head injury can be devastating. Karl Weisgraber is a retired biochemist who worked on cardiovascular and Alzheimer’s research at the Gladstone Institutes in San Francisco. In October of last year, he was on a ladder doing work on the side of his house when he fell and smacked his head on a rock, suffering a severe traumatic brain injury. The 71-year-old Walnut Creek man spent three weeks in a coma and, through therapy, had to relearn how to walk, read and write. He is greatly appreciative of the staffs at San Francisco General and California Pacific Medical Center who worked with him, and of his wife, Judi.
“I don’t remember falling at all. Then I started very, very slowly to start remembering things. It’s improved since then by a tremendous amount. When I started remembering, I couldn’t walk, I couldn’t sit without falling out of the chair. People were having trouble understanding what I was saying. I was in bad shape, but they got me to the point where I got better. There was a possibility I was not going to make it when I first got there – that’s the kind of shape I was in.
“An important thing is you never give up. You try to do whatever your therapist or doctor is telling you to do. I was so far away that it would be easy for someone to say, ‘This is it for me.’ But I never said that. I wanted to try, and I wanted to push myself.

Full Article and Source:
Battling Back From a Brain Injury

T.S. Radio TONIGHT!

October 7, 2012

Co-host: Linda Kincaid, Elder Advocate/California

Guest: Chris Murphy

Chris Murphy, MS will recap her 9/27 presentation for a San Diego County Elder Abuse Coalition. Her information is drawn entirely from public records collected by Department of Social Services. Those records document isolation, overmediction, and neglect at residential care facilities throughout California.
Even with copious amounts of agency documentation that state statutes, and specifically those protecting the rights of the elderly or handicapped from abuse at the hands of so-called “care-givers” and participating facilities, not one California official has stepped forward to protect these most vulnerable individuals from predators who view them simply as a revenue source.

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

Source:
Life at California Residential Care: Overmedication, Isolation, Abuse and Neglect


See Also:
Consumer Advocates for RCFE Reform

REVIEW OF LAWYER PENALTIES ORDERED

October 2, 2012

The state Supreme Court is taking a tougher stand on how lawyers are being punished, ordering the State Bar of California to take a second look at more than three dozen cases of disciplined attorneys.

The court’s move to turn back so many cases is unprecedented, and has sent a jolt through the state’s legal community.
 
The justices did not say what it was about the misconduct cases that required additional review, but bar officials and lawyers who follow the discipline process said it is clear the court questioned whether the punishments were too lenient.

That means the cases against 42 lawyers, including four from San Diego, that once appeared settled are now in doubt. The misconduct in the cases runs the spectrum:

• A lawyer in Berkeley who represented a man charged with murdering a journalist smuggled a letter out of jail for him, then lied about it to police. Prosecutors said the letter was a hit list for witnesses against him in his upcoming trial. The bar settled the matter with a six-month suspension.
 
• A Newport Beach lawyer collected more than $100,000 in fees for working on loan modifications for clients in nine states. He wasn’t licensed to practice law in any of the states, and in some of the cases did little or no work. The lawyer received a one-year suspension.

• San Diego lawyer Steven A. Guilin agreed to a six-month suspension of his license for misconduct in two instances, including forging a client’s signature and another lawyer’s, State Bar records show. He referred questions to his attorney, who declined to comment while the disciplinary matter is pending.

Full Article and Source:
REVIEW OF LAWYER PENALTIES ORDERED

Why Britney Spears Won’t Testify in Sam Lutfi Trial

October 1, 2012

When it comes to the ongoing legal battle between Britney Spears and her former manager Sam Lutfi, E! News can confirm that the pop singer will not be taking the stand when the trial starts next week.

And here’s why…

E! News has obtained the witness list for Lutfi’s defamation trial against Spears and her parents, but Brit’s name isn’t on that list because the probate judge issued an order stating that since she is still under a conservatorship, she cannot be called to testify.

Judge Reva Goetz, who has been overseeing Spears’ conservatorship since 2008, ruled that putting Britney on the stand would cause her “irreparable harm and immediate danger.”

Full Article and Source:
Why Britney Spears Won’t Testify in Sam Lutfi Trial

See Also:
Britney Spears Has Had ENOUGH Of Her Conservatorship!

Use of Chemical Restraints in Nursing Homes Called an Epidemic

September 26, 2012

Nearly 25 percent of the residents in California’s nursing homes are placed on antipsychotic drugs, often used as sort of a chemical leash to control behavior in a trend a watchdog called an epidemic Thursday at a symposium.

The drugs can double the risk of death for seniors with dementia and cause side effects ranging from stroke to delirium, according to speakers at an Oxnard conference called “Toxic Medicine.” Often the drugs are given in nursing homes or other facilities for dementia without the informed consent of residents or surrogates and are used as a restraint rather than to treat psychiatric conditions.

Over the past decade the use of the drugs has evolved from a sniffle to a flu to something much worse, said Sylvia Taylor Stein, of the Long Term Care Services of Ventura County ombudsman program.

“By 2010 we had an epidemic,” she said in a symposium organized by her group and the California Advocates for Nursing Home Reform. It was attended by a packed house of nursing home leaders, assisted-living administrators, elder abuse lawyers and state licensing agencies.

Some at the conference linked the use of antipsychotics to staff shortages that make it impossible for employees to properly care for patients, state cuts in mental health programs that have brought more patients with psychiatric problems to long-term care facilities and doctors who have a drug-first mentality when it comes to long-term care residents.

Anthony Chicotel, an attorney with the California Advocates for Nursing Home Reform, said there are appropriate uses of the medication, such as when a patient has illnesses like schizophrenia. But Medicare statistics from the second quarter of last year showed 24.2 percent of the residents in the state’s nursing homes were on antipsychotics. Medicare statistics from 2009 showed the use of the medication fluctuated greatly at different Ventura County nursing homes — from a low of 7 percent of the patients on the drugs seven days over one week to a high of about 30.6 percent.

Often, use of the drugs becomes ingrained in a long-term care site’s culture, Chicotel said. When patients with dementia or other issues yell in the middle night, hit other residents or try to flee the place, staff members call the physician.

“Hey doc, we have a new resident. He’s out of control. He’s throwing feces. We need a pill,” he said.

Full Article and Source:
Use of Chemical Restraints in Nursing Homes Called an Epidemic

See Also:
CANHR.org