>MO AG: More Protections Needed for Seniors

>Many Missouri investment firms lack specific plans for dealing with the unique needs of seniors who entrust them with their life savings, Secretary of State Robin Carnahan said in a report released [12/26/10].

The report is the result of a six-month audit conducted by the secretary of state’s Securities Division of the policies and procedures of 24 brokerage businesses and six investment adviser firms. Carnahan said she launched the review because of a growing number of complaints, an increase in reports of financial fraud involving seniors and the general aging of the state’s population.

“Every year, hundreds of seniors call my office with questions and complaints about the investment advice they receive,” Carnahan said in a written statement. “Missouri seniors should be able to invest their life savings confidently and without fear they will be taken advantage of by their adviser or broker.”

Full Article and Source:
Carnahan: More Protections Needed for MO Seniors

See Also:
‘Financial Abuse of the Elderly: A Detective’s Case Files of Exploitation Crimes,’ by Joe Roubicek

‘Marked for Destruction,’ by John Caravella

>Third Judge Recusal in Lawyer Theft Case

>A Stoddard County judge’s motion filed Wednesday recusing himself from presiding over Joe T. Buerkle’s felony stealing case has postponed the former lawyer’s sentencing, which was set for Monday in Bloomfield, Mo.

Buerkle, 67, who pleaded guilty to the felony charges in August, stole $325,000 from a trust fund account he was managing. The trust was opened for Donald Thomasson, who died in 2002.

Associate Circuit Court Judge Stephen R. Mitchell — appointed to the case in January 2010 — said he announced his decision in court and filed a written disqualification recusing himself in the case.

Since charges were filed against Buerkle in December 2009 by Cape Girardeau County Prosecuting Attorney Morley Swingle, Mitchell is the third judge to recuse himself from the case. He declined to comment on his action.

“It just would be inappropriate for me to make any remarks on it,” Mitchell said.

Buerkle’s attorney, Stephen Wilson, whose law office is in Cape Girardeau, also declined to comment on Mitchell’s recusal. The case has been sent to the Missouri Supreme Court for the assignment of a new judge.

Full Article and Source:
Stoddard County Judge Recuses Self in Lawyer’s Felony Theft Case

Confined in a Nursing Home Against Her Will, Isolated From Daughter and Grandson

My mother, Margaret (Margo) Freebairn, is one of an untold number of Americans who has been drugged and kidnapped from her home, and confined in a nursing home against her will. Her bank account has been drained by geriatric care counselors, attorneys, judges, court-appointed guardians, conservators, nursing homes and nursing home doctors. In May 2010, her home and all of her earthly possessions were sold. All the while, Margo has pleaded to be reunited with her family and to return home.

Margo is 87, and as she would be the first person to tell you, she does have a poor memory. She was attending classes in art, history, politics, and philosophy at Washington University in St. Louis when she became concerned about her memory deficits. She began attending cognitive aging seminars, enrolled herself in two memory and aging studies, and invited her two daughters and a number of her nieces to become informed participants in her aging process. This was to be an open and constructive exchange of information and ideas. At this point a corrupt and predatory system, aided and abetted by a few of her family members, began moving behind the scenes in a series of covert activities to derail her life, devour her resources, and bar her from contact with anyone who has any objections to this, I am very afraid, for the rest of her life.

I am her daughter, Mollie Freebairn, her chosen Health Care and Durable Power of Attorney, who has not been allowed to see or speak with my mother for the last nine months. I have managed to get calls though to her on three occasions; the last time was May 9, 2010, Mother’s Day. Margo related to me in desperate tones of her deep unhappiness at being confined at the nursing home, and her dearest wish to go home. She pleaded with me to call her more often, and to please visit her, which compelled me to explain to her that there is nothing I long for more, but I would be arrested for attempting to visit my mother. Her guardians claim that I am the cause for my mother’s unhappiness at being confined in a nursing home, and that she is happy when barred from seeing me. They do not allow her to have contact with most of her other family and friends either, for some reason. Among the most disturbing aspects of this situation is the fact that no one who is not personally profiting from controlling my mother’s life, is allowed to see her or ascertain how she really is!

As decreed at the hearing on February 5, 2010, Margo’s guardianship is held jointly by two of her nieces.

Margo named me as her sole Power of Attorney in 2009. This fact was dismissed without acknowledgement at the February 5, 2010 hearing, which lasted only a few minutes, and where little of substance was discussed. Commissioner Patrick Connaghan threatened to appoint a stranger as Margo’s guardian if I did not agree to his appointment of my two cousins. I therefore agreed, also in view of the fact that my sister and the guardians agreed to try allowing Margo to return home with the 24 hour a day affordable, loving, in-home caregivers.

Despite their own assertions that Mom would be happiest at home, and the Missouri law that the guardian must allow the protectee to live in the least restrictive environment, both guardians, Diane Smith, and my sister have since simply refused to meet with the caregivers or allow Margo to try returning to her home. They have refused to allow me or my son to visit or call my mother.

Anyone In America Can Fall Prey To Guardian Abuse

Most people do not realize, as I have only through this ordeal discovered, that anyone can petition the court for guardianship or conservatorship of an elderly or disabled person, which can lead to the complete and permanent loss of their freedom, possessions, and rights. The point of no return in today’s corrupt legal system is when the petition for guardianship is submitted. In Missouri Law for example, Chapter 475.060 states:

“Any person may file a petition for the appointment of himself or some other qualified person as guardian of a minor or guardian of an incapacitated person…”

At this point, the court assumes total control over the person’s estate, living arrangements, and medical care. All costs incurred by the court-appointed attorney, guardian, conservator, geriatric care manager, and nursing home are charged against the person’s estate. This can swiftly drain their life savings and lead to the necessity to sell the person’s home and all of their belongings. Family members trying to free their loved one and save their home are on their own to cover the attorney fees. My experience is that it is almost impossible to find an elder law attorney who is not part of the corrupt system. Attorneys practicing elder law converse freely with the judges and opposing attorneys, and sabotage their client and their efforts to free their loved one at every turn. Twice I have been abandoned and/or betrayed by my previous attorneys. Under these circumstances both the Commissioner and opposing attorneys refused to communicate with me pro se in any manner.

My request to you is to please help to call attention to and bring an end to this predatory abuse of untold numbers of elders and disabled persons rights, before they consume any more of our beloved ones.

Thank you,
Mollie Freebairn

Source:
NASGA – Margo Freebairn, Missouri Victim

Jury Finds in Favor of Rita Hunter – Against Dolores Forste

A Jasper County Circuit Court jury on Friday found in favor of Rita Hunter, former county public administrator, and Charlene Kelly, her deputy, in a lawsuit brought by the daughter of a former ward, accusing the former county officials of malicious prosecution.

The jury deliberated for just on hour before returning the verdict, with 11 members in favor of the finding, and one opposed.

Dolores Forste sued Hunter and Kelly for damages, contending she was the victim of malicious prosecution when she was arrested and jailed for nearly a month for refusing to return her mother to Jasper County. Forste’s mother, Emma France, then a 95-year-old Carthage resident, had been made a ward of the office in a court action that was later voided after the court found no attempt was made to notify relatives and that France was not allowed to be at the hearing, both requirements of state law.

Lynn Myers, Forste’s attorney, expressed disappointment, adding “the jury had to decide on what were able to tell them, and there were some limitations.

“We will definitely appeal,” he added.

Doug Harpool, the Springfield attorney representing Hunter and Kelly, emphasized in closing arguments that Forste admitted on the witness stand that she took her mother from the county without Hunter’s permission and refused to return her, saying that’s what formed the basis of the charges. He said a prosecution cannot be considered malicious if it starts with truthful statements to police.

Hunter is the subject of other lawsuits filed by former wards of her office, which she occupied from 2005 to 2008. She also is the subject of federal investigation into operations of the administrator’s office. A state investigation was launched after Hunter left office in December 2008 and took with her files from the county office. Some computer records also were erased. Hunter later turned over boxes of files, and others were recovered via a search warrant served by the Missouri State Highway Patrol. Later, the state probe was taken over by federal investigators.

Full Article and Source:
Jury Finds in Favor of Former Jasper County Officials

See Also:
Motions Argued in Lawsuit Against Former Public Administrator, Rita Hunter

Motions Argued in Lawsuit Against Former Administrator, Rita Hunter

Judge David Dally promised a ruling next week after motions were argued Wednesday in a lawsuit against Rita Hunter, former Jasper County public administrator, and St. John’s Regional Medical Center.

The lawsuit was filed by Kenneth Hall, now of Monett, who contends that Hunter and St. John’s acted improperly in actions that made him a ward of the public administrator’s office.

Attorneys for Hunter and the hospital contend that the suit in Jasper County Circuit Court in Joplin should be dismissed.

Lynn Myers, a Springfield attorney who is representing several plaintiffs in actions against Hunter, said Hall was declared incompetent in 2006 after a probate court hearing of which relatives were not notified and that Hall was not allowed to attend.

“They could have contacted his relatives; phone numbers for his mother and his daughter were in his pocket,” Myers said. “He was appointed a guardian without prior notice at a hearing held without his presence and without him having the opportunity for a jury trial.”

He said the facts of the case are similar to those involving Emma France, whose guardianship was declared void by Probate Judge David Mouton after he ruled that provisions of state law were not followed in actions that made her a county ward.

After Hall, who was 39 at the time, was made a ward of the county, he was placed at Magnolia Manor, a nursing home in Purdy in Barry County. His case was transferred in 2007 to Barry County for supervision by the Barry County public administrator. He is now independent, after his guardianship was ended in August 2009.

Myers said St. John’s was named in the case because the hospital, while Hall was a patient, petitioned to have the public administrator named as his guardian. Myers contended that the hospital erred by including a medical certificate describing Hall’s condition as part of the open court file.

Joplin attorney Jason Higdon, representing St. John’s, said the hospital should be dropped from the case because Myers’ filing failed to show that the hospital “conspired with the public administrator to deprive (Hall) of his civil rights.”

“They must show there was a meeting of the minds, and we don’t believe the petition comes close,” he said.

Both he and Doug Harpool, a Springfield attorney representing Hunter, said the case should be declared moot because the guardianship had been set aside.

Harpool also said Hunter was not responsible for any legal deficiencies.

“If there were legal problems, they weren’t the fault of Rita Hunter,” he said. “She’s not a lawyer. There were two lawyers and a judge in the courtroom. It’s not fair to hang it on her.”

Myers is asking for a declaratory judgment ruling that Hall was improperly made a ward of the county, and for the return of money spent from his estate during that time. Damages also are being sought.

Investigation
The state started an investigation into operations of the Jasper County public administrator’s office after Rita Hunter left at the end of 2008 and took all the office files with her. Federal agencies took over the probe several months later.

Full Article and Source:
Motions Argued in Lawsuit Against Former Administrator

See Also:
Former Public Guardian Rita Hunter Lawsuit Update

MO Man Accused of Financial Exploitation of his Aunt

Ronald Herren, 24, of Canton is charged with financial exploitation of an elderly/disabled person.

The prosecutor alleges Herren illegally took funds from his own aunt by making purchases using her credit card and checking account.

In November 2009, Lewis County Public Administrator William Murphy asked the sheriff’s office to investigate the matter shortly after he was assigned to oversee the elderly woman’s affairs.

Full Article and Source:
Man Accused of Misuing Aunt’s Money

Locked Away in a Facility, Isolated

Robert is a strapping young man, 6’5″ tall, dark, and handsome. But Robert was alone in Missouri – and being bi-polar- soon found himself a victim of the system. We were not told of the original guardianship hearing. Now I am trying to free my brother from the Missouri system of guardianship by a public administrator and the nursing home they have imprisoned him in. The guardian would not allow my brother to have contact with his family or friends.

For seven long years, no one was allowed to know were Robert was or how his health was. This grieved our mother for five years to the point of a complete break-down. Our mother went into a Mississippi hospital with a mental break-down, and they killed her. Because the guardian wanted half our mother’s money, we finally got to know where in Missouri my brother Robert is located.

However, I am not being allowed to visit Robert or help him in any way. The guardian has imprisoned him in a nursing home since he was around 40 years old. Shortly after he graduated the Missouri University in Columbia with a Master’s Degree in Business, Robert began an internship at NAMI-National Alliance on Mental Illness. Then Robert just disappeared from his apartment and job.

Robert has been locked away in a facility where the care is inadequate and abusive. Robert is now going to be 47 years old. I know that his mental and physical health have been compromised by both the guardian and the nursing home. It has been nearly three years since I found my brother. Alarmingly, the corruption in Missouri is so overwhelming prevalent, I have not been able to help my brother. And to prevent me from even giving Robert hope, he is denied visitors, mail, and phone calls are restricted both incoming and out going.

Robert is a kind and gentle man and is very concerned with others and their happiness. Robert has something he can offer to society and humanity; we all lose because he is hidden away left to stagnate and rot.

Source:
Robert Sanders

Reverse Mortgage Scam

Jackson County Prosecutors say Marilyn James, 55, transferred a home she owned to an older neighbor with Alzheimer’s Disease.

After James put the home in the victim’s name and had power of attorney, authorities say she took out a reverse mortgage for more than $64,000 on the home.

Prosecutors say she also stole $9,000 from the elderly man’s life insurance policy.

James is only the second person in the nation to be prosecuted for a reverse mortgage scam.

“It’s a new type of fraud, one that we haven’t seen before because this is a new program,” explains Jim Kanatzer, Jackson County Prosecuting Attorney. “So, I hope I’m wrong and I hope we don’t see many more of these cases but I suspect we will.”

Full Article, Video, and Source:
Woman Charged With Elder Fraud

Sentence: Two Years Probation

An Arma woman has been sentenced to two years of probation for financially exploiting an elderly woman in her care.

Ernestine Anselmi pleaded guilty in October to one count of mistreatment of a dependent adult. The 73-year-old Anselmi admitted that she took unauthorized payments from 97-year-old Lena Zanichelli totalling nearly $1 million.

Anselmi was sentenced to a suspended 19-month prison term. She was then put on probation, which included 60 days in jail.

She also was required to transfer several properties, including homes, land and vehicles, to Zanichelli’s estate.

Full Article and Source:
Caregiver Sentenced for Exploitation

See Also:
Guilty Plea

Former Public Guardian Rita Hunter Lawsuits Update

Court rulings will come later after Judge Michael Dawson on Tuesday heard a raft of motions in lawsuits involving Rita Hunter, former Jasper County public administrator.

Dawson, of Osceola, has been assigned to hear a number of the cases in Jasper County Circuit Court naming Hunter in her former role as a guardian of county residents who are unable to care for themselves.

Tuesday’s hearings focused primarily on actions that led to Emma France, an elderly Carthage woman, being made a ward of the administrator’s office in May 2007, and the expenditure of money from France’s estate.

Jasper County Probate Judge David Mouton later voided rulings that had made France a ward, citing missteps including France not being allowed to attend the hearing and relatives not being notified of the session, both requirements of state law.

France is suing McKinney, contending that the attorney did not represent her wishes in the hearing that led to her being named a county ward. Mitchell on Tuesday argued that McKinney acted properly as a court-appointed guardian, and that such guardians are immune from lawsuits. He said McKinney had spoken before the hearing with France, “who was not interested in having this ‘kid’ represent her.”

“She (McKinney) told the court she (France) wanted to be there, but she didn’t think it was in her interest,” Mitchell said. “She acted based on the doctor’s certificate and all the available information. Guardians are supposed to be an independent voice. They’re not there to do whatever the ward says, and they must have the right to report to the court without fear of being sued.”

Full Article and Source:
Court Hears Arguments, Motions in Hunter Suits

See Also:
Rita Hunter’s Attorney Fees Appealed