El Paso attorney Terry W. Hammond recently presented a keynote presentation, “When the King Goes Mad: King George III and the Struggle for Sanity, Power, and the Purse,” to the Texas Guardianship Association annual conference in San Antonio.
The session focused on challenges faced by court-appointed guardians when a person who has been in charge can no longer make prudent decisions. Hammond specializes in guardianship, probate, estate planning and elder law, and is the former executive director of the National Guardianship Association.
Archive for the ‘National Guardianship Association’ Category
‘When the King Goes Mad: King George III and the Struggle for Sanity, Power, and the Purse"
May 18, 2013Schumer Pushes for Legislation to Fight Elder Abuse
June 22, 2012
By Thursday afternoon, millions of people had read or heard reports of an elderly bus monitor in suburban Rochester who was ruthlessly bullied by a group of middle-school boys.
The incident prompted an outpouring of support for the 68-year-old woman and a swift response from authorities. It was a case of highly reported elder abuse.
But most elder abuse cases don’t receive so much attention. In fact, thousands of cases of elder abuse in upstate New York don’t get any.
According to a study by Lifespan of Greater Rochester Inc., approximately 260,000 seniors statewide are abused annually, and only 1 in 24 cases gets reported to authorities. Abuse includes financial exploitation and physical and emotional abuse or neglect.
According to estimates, there were approximately 3,500 cases of elder abuse in Chemung (1,530), Schuyler (267) and Steuben (1,710) counties in 2010. The counties had a total senior population of approximately 45,000 in 2010.
U.S. Sen. Charles Schumer, D-N.Y., said the state’s elder abuse situation is unacceptable, and he’s pushing for comprehensive legislation to address the issue.
Full Article and Source:
Schumer pushes for legislation to fight elder abuse
In Good Hands?
February 16, 2012
Laurie Roberts – What Fiduciaries are Saying About Probate Abuses
October 1, 2010
Somebody sent me the e-mails going around among fiduciaries across the state, in response to the The Republic’s stories last weekend on abuses in Maricopa County’s probate system.
The e-mails were written under the heading: AFA Membership Call to Action
Having seen that subject line, I was hoping that it would be a call to fix the problems outlined in The Republic’s Sunday package. But that, apparently, isn’t exactly the action the fiduciaries of the state have in mind. Instead, the talk is about hiring a PR expert, somebody who can “use language and events effectively to the benefit of their clients.”
Nice.
Here’s the e-mails going around around yesterday on the Arizona Fiduciaries Association list-serv when they think we can’t hear them. I am taking their names out, but it’s the sentiments expressed that are important – and quite telling, I think.
The string begins with a few words of commiseration from a California colleague:
Dear Arizona Colleagues:
We have been dealing with this nonsense in California since 2000. There were a series of articles in the LA Times which lead to California enacting the Fiduciary Licensing Law SB1550 in 2006. There are a number of factions out there that do not understand the probate law or the courts. They have had some kind of experience, usually when family members have been robbing Mom or Dad blind and get caught, who are quick to criticize and get some newspaper or television reporter to buy into this nonsense. They have personal agendas.
There is a website called StopGuardianAdbuse.org. It has lists of people that are being targeted. It is total nonsense and I am sure they will be all over this story in short order.
And a reply by someone in the Arizona Fiduciaries Association:
They already are. They have been posting comments to all of the articles with a link to their website. Can you send me a private email with your number? I know I had it but I have since misplaced it and I want to chat with you about how fees work in CA since that is one of the examples being brought up by the committee. Thanks!
Also, for those of you not yet aware, I have been elected to the NGA board of directors. I will be attending the conference this weekend in PA and plan to solicit the assistance of the NGA in managing the press/image issues. So I should have more to report on that at the summit.
Full Article and Source:
Here’s What Fiduciaries are Saying About Probate Abuses
TX Judge Lauded as Advocate for Elderly, Disabled
May 16, 2010The Adult Protective Services presented honors to County Judge Mike Brown at a meeting of the Tom Green County Commissioners Court to recognize his leadership in programs that protect the elderly and the disabled.
“While serving clients, we often witness extraordinary care — professionals who go way beyond the job description — and demonstrate an impressive dedication and caring for the elderly and people with disabilities,” said Tommy Reed, a regional director for the Texas Department of Family and Protective Services. “Today, we want to recognize an outstanding person — one that we know has gone above and beyond to show that he cares. APS honors Judge Mike Brown.”
Brown helped create Guardianship Alliance, which helps supply the elderly and disabled with volunteer guardians when no one else is available. Brown also served as president of the State Guardianship Advisory Board for two terms, and is also a member of the Texas Guardianship Association and the National Guardianship Association, Reed said.
“I’m honored, humbled, and I’ll keep doing it,” Brown said.
Full Article and Source:
Judge Lauded as Advocate for Elderly, Disabled
Press Release: Congressman Urges Investigation
January 22, 2010FOR IMMEDIATE RELEASE: Jan. 21, 2010
CONTACT: HOLLY L. PEFFER,
hlpeffer@hotmail.com
P.O. Box 206 A, Derrick City, PA 16727
(814) 368-9165
CONGRESSMAN URGES INVESTIGATION INTO PA WOMAN’S DILEMMA
BRADFORD, Pa. – U.S. Rep. Joe Sestak (Rep.-7th District) is urging the Pennsylvania Department of Aging to investigate how a longtime Bradford resident has been held for nearly three years in an assisted-living facility in Florida against her wishes and those of her loved ones.
Rita Denmark, 79, who suffers from age-apparent dementia, is under a court-appointed Florida guardianship. However, she is a resident of Pennsylvania, and neither she nor her family wants her in Florida.
In a letter dated Jan. 12, 2010, Sestak urged Acting Department of Aging Secretary John M. Hall to “please also investigate this matter, since the question of residency appears to be an issue.” Sestak further asked that he be informed of developments in the matter.
After exhausting her personal financial resources for legal fees and travel over the past three years, Denmark’s daughter, Holly L. Peffer of Derrick City outside Bradford, contacted the Congressman for help this month.
Peffer, herself certified by the National Guardianship Association Inc., said “There are currently pending motions and notices before both the Pennsylvania and Florida courts” arguing that the Florida court had no jurisdiction to appoint a guardian for a Pennsylvania resident.
A member of the National Association to Stop Guardianship Abuse, Peffer said of the situation: “I would not wish this nightmare on my worst enemy… I would have never thought this could happen to an individual in this country.”
“It has been quite a learning experience, and when the Congressman’s letter arrived in my mailbox on Saturday my heart was filled with joy to know that my mother really does matter.”
Peffer said she has come to realize that her family’s situation is only one, of thousands of cases in the United States where guardianship of an elderly person appears to benefit only a professional guardian. It appears, these professional guardians are accountable to no one. Currently legally prohibited from contact with her mother, Peffer says she and other friends and family are sincerely concerned for Denmark’s health and well-being under this guardian’s care for a variety of reasons, including conditions found during on-site visits to the facility where Denmark is being held and whether that type of facility is appropriate for Denmark at all.
Now, however, Peffer hopes that the attention from Sestak and the Department of Aging will see her mother home by spring.
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PLEASE NOTE: Peffer has detailed records of the case history, and may be contacted for further information or interviews at the phone or addresses above.
More Trouble for Former Guardian
November 14, 2009
A 35-year-old former Washoe County legal guardian jailed last week for bringing an unloaded gun into a Reno court was booked additionally for possessing prescription drugs after deputies found them during a search of her jail cell.
Angela Cheri Dottei was arrested Nov. 3 on suspicion of carrying a concealed weapon into Reno Justice Court. An unloaded firearm was allegedly found in her belongings as she went through the court’s metal detector. Authorities said she had gone to the court for a scheduled hearing. She was arrested on-site and later ordered jailed in lieu of $25,000 cash bail.
Dottei is also under investigation by Reno police for allegedly financially exploiting her elderly wards. A Washoe Family Court investigation revealed she was allegedly stealing money from her wards while in her role as a legal guardian through her company, Assurity Guardian Resources. A judge in September placed sanctions upon her, fined her hundreds of thousands of dollars and suspended her license to work as a guardian.
Wednesday, during a search of her jail cell, deputies found a plastic bag containing multiple types of prescription drugs hidden in hygiene products, said Deputy Brooke Keast. She was booked additionally on two counts of suspicion of possessing a controlled substance by an inmate, which is a felony.
Deputies were still investigating how she possessed the drugs.
Full Article and Source:
Reno Woman Facing Elder Abuse and Concealed Weapon Charges Allegedly Found With Drugs in Jail Cell
See Also:
Former Guardian Brings Unloaded Gun to Court
Note: Despite the suspension of her license, Angela Dottei continues to be listed as a national “Master Guardian” with the National Guardianship Association.
Former Guardian Brings Unloaded Gun to Court
November 7, 2009
A 35-year-old former Washoe County legal guardian, under investigation for allegedly defrauding her elderly wards, was arrested for bringing an unloaded gun into a Reno court.
Angela Cheri Dottei, also known as Angela Cheri Sommers, was booked into Washoe County Jail on Tuesday on suspicion of carrying a concealed weapon. She is being held there in lieu of $25,000 cash bail.
Authorities said she was going to a hearing in Family Court when the handgun was found in her purse as it went through a screening station. She also had an empty magazine.
Washoe County Deputy Brooke Keast said Dottei was cooperative and said she did not realize the gun was in her purse.
In the last two months, the family court has sanctioned Dottei on allegations she stole hundreds of thousands of dollars from elderly wards, whom she was entrusted to make decisions on their estates and finances. Her license to work as a guardian has also been suspended.
Full Article and Source:
Former Guardian Held for Alleged Gun in Court
Note: Despite the suspension of her license, Angela Dottei is currently listed as a national “Master Guardian” with the National Guardianship Association
Nursing Home Couple Battles the System
September 11, 2009When someone makes enough noise it’s bound to be heard.
That is what has hopefully happened in the case of Tom Davis who has been chained to the justice system while fighting for his right to be free of his court appointed public fiduciary.
Although he has been battling the system for over three years, he has been consistently ignored – until recently. Davis and the new wife he met in a nursing home decided to make some noise and contacted the Gazette to help expose their situation, in hopes that it would elicit some help.
On Aug. 19, the Gazette ran an article entitled, “Nursing home romance stifled by system,” and it proved to be effective for the Davis family. After the article ran, we received numerous messages conveying outrage directed at the system, along with offers of hope and support for Mr. and Mrs. Davis. In fact, more that 12 pages of responses have come in containing valuable suggestions, and heartbreaking commiserations for the Davis family.
In a continuing effort to have his case resolved, Davis contacted the county attorney’s office and is considering meeting with the American Civil Liberties Union.
Gila County Public Fiduciary Tiffany Poarch, who is Davis’ legal guardian and oversees all financial aspects of his life, recently offered to petition the courts with her request to terminate guardianship over Davis.
Though the couple rejoiced at the news, they remain skeptical, and continue to suffer from what can only be described as a “once bitten, twice shy” attitude. They will believe it when they see it, and meanwhile they continue to feel battered by the system.
Full Article and Source:
Nursing Home Couple Battles the System
See also:
Hostage to the System
Tiffany Poarsh, Gila County Public Guardian, is registered with the National Guardianship Association
Legal Guardian Denies Family Contact
August 21, 2009Carol Kinnear, a retired Belleair Elementary teacher in the early stages of Alzheimer’s disease, signed an update to her trust in June 2008.
Her wish was clear: For the rest of her life, regardless of her health, she wanted to stay home.
The trust provision, her daughters thought, would assure she could do that.
On Monday, Kinnear, 78, was taken from home and moved to an unnamed facility, the act of a court-appointed guardian. She would be treated there for “high anxiety and confusion,” the guardian wrote in an e-mail. Her children, blocked from contact, were told it was in their mother’s best interest.
Earlier this year, to safeguard their mother’s estate after money had come up missing, they had filed for guardianship in a Pinellas court.
Now they find themselves the victims of unintended consequences, guarded against by the person they had sought for help.
Kinnear’s first guardian, Sandra Scott, caused her to fall after giving too high a dose of medication, said Kellee Watt, 45, of Indian Rocks Beach.
Teri St. Hilaire, who replaced Scott on July 1, didn’t return phone calls and e-mails from the daughters.
Full Article and Source:
Legal guardian denies Alzheimer’s patient her home and family contact
Sandra Scott certified with the Center for Guardianship Certification, an allied foundation of the National Guardianship Association (NGA).
Teri St. Hilaire is certified with the Center for Guardianship Certification, an allied foundation of the National Guardianship Association (NGA).
National Association to Stop Guardian Abuse 