Archive for the ‘NASGA’ Category

‘Grave Robbery Under Color of Law’

November 19, 2013

Talk about the pot calling the kettle black, private guardian Jared E. Shafer’s attractive protégé’ Patience Bristol is sitting in a cell at the Clark County Detention Center awaiting trial while her mentor may be breathing a sigh of relief allegedly knowing his cooperation with authorities may exonerate him from being prosecuted for many of the same crimes Bristol is accused of committing against the elderly or vulnerable.

On pages of the following confidential 32 page fax obtained by INSIDE VEGAS, Shafer informs another of his protégés, Clark County Public Guardian Kathleen A. Buchanan, that “Guardian” Patience Bristol has not provided receipts, explanations, or backup to validate transactions Bristol made on behalf of ward Jean Dutton whose fortune Bristol and Shafer were responsible for overseeing.  In his incriminating fax Shafer includes eighteen checks Bristol wrote on Shafer’s Professional Fiduciary Services of Nevada, Inc.(PFSN) checking account that he pretends to know nothing about:

Bristol cashed eighteen bogus checks drawn in the name of ward Jean Dutton from Shafer’s PFSN, Inc. checking account between September 4 and December 28, 2012 totaling $12,850.00. If Shafer truly knew nothing about these transactions, he is also in need of a guardian! As Dutton’s co-fiduciary, Shafer is as responsible as Bristol for protecting a ward’s assets.  Patience Bristol is in custody charged with twenty felony counts of bilking the elderly and vulnerable. Her Preliminary Hearing is scheduled for November 25. Jared Shafer has not (yet) been charged with a crime.

Leann Goorjian lived to be only 51. She was the daughter of Wanda Lamb Peccole and William “Bill” Peccole. Leann’s mother was the sister of former Nevada State Senator Floyd lamb, Clark County Commissioner Darwin Lamb (portrayed in the movie Casino),  and legendary former Clark County Sheriff Ralph Lamb. Leann married Greg Goorgian and together had two sons, Gavin and Camden, now in their late twenties and working for the family business Pecolle Nevada Corporation.    

Three years before Leann died on February 24, 2008 leaving a multi-million dollar fortune, she was placed into the guardianship of Jared E. Shafer. That was in 2005 when she was deemed a “vulnerable person.” Since her death, Shafer has not been required to relinquish guardianship over her estate, and continues to this date draining it of hundreds of thousands of dollars each year.

Full Article and Source:
Grave Robbery Under Color of Law

See Also:
NASGA:  Lupe Olvera, Nevada/California Victim

NASGA:  Marcey Dudeck, Nevada/California Victim

Nevada Guardian Patience Bristol Arraigned on Robbery Charges

CA Conservatorship Ward Margarita Zelada on the Monterey County Public Guardian

November 12, 2013

Monterey County Deputy Public Guardian Jennifer Empasis alleged that Patricia Conklin financially abused her mother, Margarita Zelada. Margarita clearly stated that Patricia did not abuse her in any way. No financial abuse charges were filed. However, the Public Guardian refused to terminate the conservatorship of Margarita’s estate.

The estate is valued at about $1.5M The Public Guardian keeps Margarita confined and isolated at Senior Paradise in Del Rey Oaks, California. Margarita has been allowed to see Patricia only twice since March 2013.

Source:
Margarita Zelada on the Monterey County Public Guardian

See Also:
NASGA:  Margarita Zelada, California Victim

A Tribute to Veteran Gary E. Harvey

November 12, 2013

A wife’s loving tribute to her husband, Gary Harvey – Veteran and unfortunately trapped in an abusive guardianship.   Currently, Gary is confined to a hospital room and denied all visitation from family, friends, advocates – even clergy.  The guardian does not keep his wife informed of his medical condition and blocks all her efforts to advocate for his best interest and his preferences. 

Please pray for Gary’s continued strength and that he will be allowed the comfort and the love of his wife.

Linda Kincaid Reports: Elder abuse at Senior Paradise: NASGA president speaks out

November 7, 2013

Margarita Zelada has been confined and isolated for months at Senior Paradise. The Monterey County, California assisted living facility has management practices more akin to a prison than a paradise.

Margarita is allowed almost no visitation with her family. Phone calls are often restricted.

Elder advocates attempting to make contact with Margarita found multiple locks on the front door. Administrator Margaret Eldred Camara told advocates she would call the police if they did not leave. Camara said her instructions to unlawfully confine and isolate Margarita were issued by Deputy Public Guardian Jennifer Empasis.

The National Association to STOP Guardian Abuse (NASGA) is a human rights organization that opposes abusive guardianships. NASGA president Elaine Reniore sent the following open letter to Deputy Public Guardian Empasis.

Full Article and Source:
Elder abuse at Senior Paradise: NASGA president speaks out

Tonight on T.S. Radio: WWII War Hero Victimized by Predatory Guardian

November 4, 2013

Joining us will be Ginny Johnson, whose father, a WW2 veteran became the victim of a predatory guardian.  Ginny continues to fight for justice for her father who survived WW2 as a prisoner of war….then died a prisoner of an abusive guardianship.

Captain Hugh Johnson:
War hero
Led the 303rd Bomber Group on 26 missions against Nazi forces
“Hell’s Angels” earned the Distinguished Unit Citation
Dad’s B-17 was shot down in 1945 – MIA and German POW
Dad died on June 15, 2012.
One year after Theriault was appointed guardian
Expected burial as an honored combat veteran
Theriault ordered body cremated immediately
Prevented autopsy requested by Ginny
Theriault charged Hugh’s estate $95/hr.
Court did not impose any limits on charges.
Theriault sold $2M family home for $700K.

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NASGA:  Captain Hugh Johnson, North Carolina Victim

Law 101

November 2, 2013

I’m not a lawyer, but I know this much:

The people are supposed to have constitutionally protected rights and liberties – civil and human – but they are being deprived of those rights in courts across the country responsible for their “best interests.”

Those courts are the ones where guardianships and conservatorships are handled – or mishandled?

DUE PROCESS IS BEING DISREGARDED!
And that’s because the law is NOT clear and unambiguous.
Due process requires notice, opportunity and a fair and impartial hearing.

It isn’t working that way in “protective” proceedings all across the country.

Elderly and disabled people who don’t know their rights are being sucked into “The Protection Racket,” without notice, and then being abused and financially exploited, even if they receive notice.

A NASGA member was victimized by a judge because there was a word missing from the statute:

Here’s the statutory language: “The court may schedule the hearing in less than seven (7) days from the date of service on the respondent; provided, that actual notice of the hearing is given to the closest relative and the respondent.”

That should be clear enough for most people: provide notice and then hold a hearing. But because there was a word missing from the statute, the judge took advantage of that omission, despite the fact that HE TEACHES LAW!

What’s the missing word? “Prior.”
P-R-I-O-R!
“Prior” means “before,” as in: You can’t take a person’s property before he has notice and an opportunity to appear and participate in a hearing.

The law was not terribly unclear – even I understand it: You serve the person FIRST and then you hold a hearing.

Not that judge! He used telephone notice to hold a so-called “hearing” without the victim, after which he had the clerk issue a hearing notice for a future date. By that time, because of an unlawful order by the judge, the victim was no longer in control of his property – control had already been given to a “conservator” – and he could not hire a lawyer!

That judge must have forgotten what he learned in law school. So did the legislators when they amended the law. They left that word out – again!

Dickens said “The law is an ass.” No, it’s not the law! It’s the tricky way the legislators write it!

That’s just an example of how due process isn’t working in our state courts.

Congress promised to protect the elderly.
Why aren’t they doing it?

By a NASGA member.

See: “The Protection Racket” (May 24, 2010)

Meet Brenda Kelley-Nelum, A Champion for Seniors (and NASGA Legislative Liaison!)

September 30, 2013

Brenda Kelley-Nelum, a loyal AARP volunteer, is a champion for senior citizens. She has been a longtime activist for standing up and protecting seniors from abuse and wrongdoings. A Washington D.C native, Brenda attended public school before they were integrated. In 1954, her 7th grade year, she went from a small six room elementary school to the quite large Eastern High School. The transformation she said is unforgettable. Brenda continued her education and received a BA from Howard University.

Brenda’s career consisted of being a federal auditor for the inspector general and a financial representative for the National Council of Senior Citizens now called Senior Service America.  She worked extensively with the Virginia Leadership Institute getting citizens in the Prince William area involved in the community through becoming members of state and local commissions. For fun, Brenda does different community service projects like planning an event educating people on healthy soul food cooking through the zeta chi omega chapter of her sorority Alpha Kappa Alpha Inc. With over 100 attendants, some of the guests included the state President of AARP, a state senator, and a city council member. In her spare time Brenda, enjoys using Facebook and Twitter to keep up with friends and family.

Brenda first got involved with AARP to advocate for a new healthcare system. She saw AARP being criticized for supporting the Medicare Part D prescription drug legislation. Watching citizens in Richmond publicly destroying their AARP membership cards pushed Brenda into action; she thought “shouldn’t these people be working with AARP in order to have their concerns fought for?” and with that, she got involved. She felt that AARP was committed to seeing healthcare reform to the very end and she wanted to be a part of that—regardless of the flack she might receive from friends and neighbors.

Brenda mostly works with AARP on healthcare issues but she is a big advocate for doing more to combat elder abuse; a cause AARP is deeply concerned about. Brenda has been very vocal about elders being abused by those in trusted with their guardianship and would like to see the issue have more light shed upon it. Brenda would like to see AARP working on more of a micro level in order to be more responsive to every senior’s needs and concerns.

Source:
Meet Brenda Kelley-Nelum – A Champion for Seniors

KNOW YOUR RIGHTS!

August 16, 2013

If you are in guardianship/conservatorship litigation, or about to enter litigation, the first thing to do is read and devour the guardianship/conservatorship laws of your state. You may think it’s your attorney’s job to know, advise, and take care of you. After all, that’s what you’re paying dearly for.

But here’s the reality: attorneys get paid whether they win or lose your case. Most want to win, of course, because of dedication, compassion, pride, or ego, But, if you lose, you still pay your attorney. You both go to the bank – you to make a withdrawal, your attorney to make a deposit!

And attorneys make mega bucks by taking on lots of cases. They juggle their expanding caseload and give minimal attention to the cases in the forefront, saving maximum attention for litigation. To you, there is only one case in the world; to your attorney, you’re one of many in the stack.

Because it’s your case, and because guardianship/conservatorship many times involves life and death, it’s to your advantage to know as much about guardianship/conservatorship law as your attorney. All guardianships, for instance, by law must contain certain aspects of due process, including notice to the AIP (alleged incompetent person), a hearing to determine incompetency, etc. If you know there was no incompetency hearing in your case, as an example, then you’ve got something to shout about! A jurisdictional issue can have the whole case thrown out of court and end your nightmare!

So, don’t count solely on your attorney. Count on you!

Not all attorneys are bad. Many take pride in their profession and pour their heart and soul into their caseload. Still, many attorneys are members of the “good old boy’s club” or “incest club.” Sometimes, they work for the guardian – sometimes they work for you. Sometimes they work for each other by trading or referring clients. If you familiarize yourself with the state statutes, and your attorney feeds you a line, you’ll taste baloney.


Source:
NASGA:  Know Your Rights!

As PA Ages, the State Examines Guardianships and Abuse

August 4, 2013

by Halle Stockton:
Pennsylvania is fourth in the country in terms of its elderly population, and as the state’s more than 3.3 million Baby Boomers join the ranks of the elderly, state courts and welfare systems will be put to the test. Guardianships are especially open to abuse because there is little regulation or oversight.
Examining guardianship is a priority in the state, with both the Pennsylvania Department of Aging and the Supreme Court of Pennsylvania conducting studies. While guardianships are needed for those who can no longer care for themselves, they also require individuals to surrender all their rights — in some cases to a total stranger.

The National Center for State Courts estimated there were 1.5 million active guardianships in the U.S. in 2011. In Pennsylvania, the courts decided more than 30,000 guardianship cases between 2000 and 2011.

Some cases reviewed by PublicSource show the difficulties that guardianships often bring. According to court documents and personal accounts:

  • In late 2007, two of Rita Denmark’s children filed for guardianship of their mother in different states — one in Pennsylvania, where Rita was a lifelong resident, another in Florida. The dispute came to a head while Rita, who has dementia, was visiting her son in Florida. Attorneys suggested an independent guardian serve for a short time. Now, Rita has been a ward of a guardian in Port Orange, Fla., for more than five years. Her daughter, Holly Peffer of McKean County, has been trying to bring her 82-year-old mother home. The guardian has billed nearly $94,000 from Rita’s estate. “I had no idea how dangerous guardianship was,” Holly said.

  • Three people brought Grace Connors, who was suffering from dementia, from California to Pennsylvania in 2001. One of them obtained a fraudulent power of attorney to control her assets. Daughter Mary Claire Connors, who had cared for her mother in California, traveled east to reclaim her, but a Luzerne County judge appointed a nonprofit agency as guardian. Mary Connors said that, under guardianship, her mother’s estate was depleted and she was not allowed to visit without supervision. She said she spent at least $100,000 and went bankrupt trying to get her mother back. Grace died in 2006 at age 85. Guardianship, Mary said, is “ownership of a human being …. There is no escape.”

  • Problems can also occur when the guardian is a family member. Shelley Kuziak of Columbia County said she was the primary caregiver for her mother, Miriam Kuziak, for several years. But Shelley’s sister became guardian in 2006. The sisters’ opinions on how to care for their mother differed. Shelley said she repeatedly fought in court for visitation after being accused of coercing her mother to accept medical treatment. She said she was not permitted to visit her mother in the years leading up to her 2008 death at age 77.

Full Article, Video and Source:
As PA ages, the state examines guardianships and abuse

See Also:
NASGA:  Rita Denmark, PA/FL Victim

NASGA: Grace Connors, Pennsylvania Victim

Tonight on T.S. Radio: Jim and Lon: Separated by Greed and Deceit

July 21, 2013

After 34 Years together, Jim and Lon were separated due to the greed and deceit of Jim’s adoptive sister.

The past 6 years Jim has suffered from Alzheimer’s Disease. He was hospitalized last year. His estranged sister filed for guardianship. Jim and Lon had constructed legal instruments, including giving each other power of attorney, (POA) which was  never revealed in court. The court was never informed that Lon even existed, that he and Jim had made formal arrangements with each other and Lon was never mentioned nor considered nor notified of the court hearings which gave the sister guardianship and total control over Jim’s life and assets.
The result?  Carolyn Heath Franks moved quickly and had her brother isolated and held in a nursing home.  Visitors, including Lon, are threatened with criminal trespass charges if they attempt to see him.  Lon has been physically dragged away from Jim and tossed into the street, and threatened.
All of this done to take the house, take the estate and to profit from the life’s work of Jim.  And all of this done by a sister who plays the organ at church and paints herself as a pillar of the community.

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See Also:
Five Legal Documents Same Sex Couples Need in Texas

NASGA:  Jim Heath, Texas Victim