Tonight on T.S. Radio: The Rights of Wards and Conservatees

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

Linda Kincaid, Elder Advocate, California & Beverly Newman, Elder Advocate, Florida join Host, Marti Oakley

California advocate Linda Kincaid and Florida advocate Beverly Newman will discuss the rights of wards and conservatees. They will present specific regulations in California, North Carolina, and Florida. Similar regulations likely exist for all states. This discussion will give direction to victims wishing to file complaints concerning violations of civil and personal rights.

LISTEN LIVE TONIGHT or Listen to the archive!

Linda Kincaid Reports: Elderly Woman Falsely Imprisoned by Johnston County, North Carolina

Eighty-year-old Gloria Bathgate found herself prisoner of a Johnston County, North Carolina guardianship just days after she arrived in the state. Gloria was falsely imprisoned and unlawfully isolated at Oakview Commons Assisted Living Center near Raleigh.

Gloria’s story is similar to the story of Hugh Johnson, victimized by a guardian in neighboring Wake County. Similar stories of guardian abuse in adjacent counties should raise concerns about oversight and accountability in the North Carolina guardianship system.

Gloria’s care at Oakview was dismal, just as Hugh’s care at Blue Ridge Nursing Home was dismal. Gloria had several falls in the first few days and many unexplained bruises. Denied any contact with her daughter, Gloria’s physical and mental condition declined rapidly.

Fall 2012
Susan’s tenacity in seeking help for her mother eventually led her to the Mayor’s office in Charleston, South Carolina. Janet Schumacher of the Mayor’s Office on Aging was the first government employee in two years to lend a sympathetic ear and take action to help. Bewildered as to why Gloria was under guardianship, the Office on Aging facilitated Gloria’s escape from Oakview Commons and Johnston County.

Schumacher connected Susan with individuals who arranged for Gloria’s transfer to a skilled nursing facility in South Carolina. Gloria arrived in terrible physical condition, debilitated and in severe need of medical care. But Gloria was finally free of the abusive facility and farther from Shannon West.

The nightmare continues, however. Shannon West and Johnston County DSS object to Susan filing complaints about the abuse and sharing Gloria’s story with the media. Almost daily, Johnston County DSS threatens Susan that they will again take her mother from her.

Hugh Johnson’s only escape from guardianship was death. He was so neglected and abused by guardian Cheryl Theriault of Raleigh-based Aging Family Services that he did not recover. Hugh’s daughter Ginny Johnson vows to tell his story so guardians are held accountable for abusing elders and destroying families.

Full Article and Source:
Elderly Woman Falsely Imprisoned by Johnston County, North Carolina

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Linda Kincaid Reports: North Carolina War Hero: Victim of Elder Abuse by North Carolina Guardian

Linda Kincaid Reports: North Carolina war hero: Victim of elder abuse by predatory guardian

Captain Hugh Johnson led the 303rd Bomber Group on 26 missions against Nazi forces. Known as Hell’s Angels, the 303rd earned the Distinguished Unit Citation. Hugh’s B-17 was shot down near the Rhine River in 1945. The crew was captured by German soldiers.

Horrors of war and POW camps did not prepare Hugh for the horrors of guardianship in Wake County, North Carolina. A healthy active man who still enjoyed golf at 95, Hugh deteriorated rapidly under Guardian Cheryl Theriault of Raleigh based Aging Family Services.

Theriault immediately removed Hugh from the upscale home he shared with Ginny, isolated him from family, and chemically restrained him with the anti-psychotic drug Seroquel. “Help me, Ginny, help me,” Hugh begged. “I want to go home.”

Five months later, Hugh was frail, bedridden, and incontinent. His limbs were covered with sores. Hugh asked, “Are they trying to kill me?”

Hugh languished at The Covington, which advertises “truly affordable assisted living.” OurParents website gives The Covington 2 out of 5 stars. Ginny called it, “NASTY. NASTY.”

Hugh compared guardianship to his time as a POW, “My German captors were better to me than these guardians.” Meals were missed. Rooms were filthy. Hugh suffered 28 falls, a broken rib, and he lost 35 pounds.

Theriault moved Hugh to Blue Ridge Nursing Home. That facility lost its eligibility for federal funding in spring 2012. Blue Ridge was assessed a $4,550-a-day civil penalty for 6 weeks.

Full Article and Source:
North Carolina war hero: Victim of elder abuse by predatory guardian

N.C. woman charged with exploiting elderly Surfside Beach woman

A North Carolina woman was charged with exploiting an 83-year-old woman who she was caring for while the victim’s daughter was away on vacation, according to a Surfside Beach police report.

Tammy May Taylor, 21, of Ocean Isle Beach, N.C., was charged with exploitation of a vulnerable adult after she surrendered to police on Monday, according to authorities.

Taylor was released on $5,000 bail on Tuesday from J. Rueben Long Detention Center, according to jail records.

The charges stemmed from Taylor being employed to care for the victim, who lives in Surfside Beach, according to a police report. The victim’s daughter told police that Taylor had a credit card to use for household expenses such as groceries and gasoline for the victim.

The victim was hospitalized in July and the victim’s daughter learned additional charges were made on the credit card while it was in Taylor’s possession, according to the report. The victim’s daughter said more than $2,000 in unauthorized charges were made on the card since July 17.

Full Article and Source:
N.C. woman charged with exploiting elderly Surfside Beach woman

Wake case shows perils of family members as financial guardians

RALEIGH — In late March, Robert Anthony Watkins ran into his father’s burning home, yelling “Dad!” as he helped firefighters rescue Oscar “Pete” Watkins from a rampaging fire.

During the next two months, as his father, 75, recovered from devastating burns, Robert Watkins was awarded legal guardianship of Pete Watkins’ affairs, only to have the status removed by the Wake County Clerk Of Court’s office less than two weeks later.

Robert Watkins, 51, has a record of criminal convictions that includes multiple felonies. And according to filings in the case, he had begun dipping into his father’s holdings, estimated at more than $450,000, mostly in the form of the downtown building he once ran as Watkins Grill, now the Oakwood Grill.

Efforts to reach Robert Watkins were not successful.

His brief guardianship career is an example of the potential pitfalls of the process, said Lorrin Freeman, Wake County Clerk of Superior Court. Watkins slipped through the cracks of a system that handles nearly 500 such appointed guardianships a year – and uses criminal background checks to test their fitness as guardians, Freeman said.

“We basically are giving an individual control over somebody’s life,” Freeman said. “That includes everything from what medical care they get, to where they live, to what they can buy, to whom they can associate with.”

Full Article and Source:
Wake case shows perils of family members as financial guardians

Medicaid Approved for Comatose Freddie Lempe

A Smithfield father fighting a Raleigh hospital to keep legal guardianship of his son has been able to secure Medicaid benefits to cover the teen’s treatment for a traumatic brain injury.

Freddie Lempe, 18, has been in a coma at WakeMed since a car wreck in March 2011.

His father, Fred Lempe, says Medicaid coverage for his son was dropped in December when he turned 18.

The hospital has said that the teen was denied coverage because his father failed to file the paperwork.

It wants the court to appoint a guardian for Freddie who would be legally authorized to make all medical decisions.

Full Article and Source:
Medicaid Approved for Smithfield Teen in Coma

See Also:
Smithfield Dad Battles WakeMed Over Son’s Guardianship

Judge surrenders, slips out back

Former Wake County District Court Judge Kristin Ruth surrendered to authorities Friday morning on a misdemeanor charge of willfully neglecting to discharge the duties of her office.

Ruth was released on her signature by a magistrate at the Public Safety Center in downtown Raleigh after arriving an hour before she was expected. Learning that an ABC11 television crew was waiting in the lobby, Ruth’s attorney spoke with officials, and she was allowed to slip out the back through a secure area of the Public Safety Center.

Ruth, was indicted by a Wake County grand jury earlier this week. Also charged are criminal defense attorney James Crouch and his legal assistant.

The indictments charge Crouch with felony conspiracy, obstruction of justice, and altering documents. He signed a $50,000 bond and was released Wednesday pending his trial.

Full Article and Source:
Judge surrenders, slips out back

Smithfield dad battles WakeMed over son’s guardianship

Raleigh, N.C. — A Raleigh hospital has asked a Wake County judge to appoint a guardian for a Johnston County teenager receiving care for a severe brain injury after his medical insurance lapsed.

The teen’s father, however, says, he is fighting for the right to take care of his son.

Fred Lempe, of Smithfield, says his 18-year-old son, Freddie, was months away from graduating from Smithfield-Selma High School in March 2011 when he was injured in a car crash.

His father’s Medicaid initially paid the younger Lempe’s bills, but he was dropped in December when he turned 18.

Fred Lempe says he was told that he would need to reapply. He says he’s been trying to secure coverage again.

“We hope that we can get everything resolved and do the right thing for Freddie,” Fred Lampe said.

In the meantime, however, WakeMed wants the court to appoint a legal guardian for Freddie.

Fred Lempe’s attorney, Marcia Stewart, says that scares her client, because the guardian would be legally authorized to make all medical decisions for Freddie.

Stewart says her client has complied with everything that has been asked of him to get the Medicaid benefits reinstated.

“I think it is a drastic measure. It doesn’t make a whole lot of sense to me,” Stewart said. “It’s absolutely heartbreaking and absolutely shameful, if you had any idea what this man has done for his son day and night for 14 months.”

WakeMed released a statement Tuesday, saying that the move “has nothing to do with the care that Freddie has received and will continue to receive regardless of the judge’s decision.”

“We are simply taking steps to secure financial resources for Freddie through Medicaid, which should be available to him for his care,” the hospital said.

Full Article and Source:
Smithfield dad battles WakeMed over son’s guardianship

NC: Nearly 20K Reports of Elder and Disabled Abuse Last Year

There were nearly 20,000 reports of abuse, neglect or exploitation of elderly citizens and younger adults with disabilities made to North Carolina’s county departments of social services in 2011, according to data released by the North Carolina Department of Health and Human Services (DHHS).

In response to these numbers, Governor Bev Perdue dedicated $2.3 million in her budget to support an innovative Adult Protective Services pilot program in six counties across the state.

She also proclaimed May 11 through June 18 Vulnerable Adult and Elder Abuse Awareness Month – the time period between Mother’s Day and Father’s Day weekends – and urged all North Carolinians to take extra time and care to check on vulnerable neighbors, friends and family members.

Governor Perdue recognized that the state’s current adult protective services program is outdated and ill-equipped to respond to the needs of and threats to seniors and younger adults with disabilities. Current law does not allow for proactive, preventative measures for responding to adults at risk of abuse, neglect or exploitation. This leaves a potentially dangerous gap in the supports available to vulnerable adults, including our growing elderly population which is expected to double in the next 20 years.

“We need to be more aware of our neighbors who may be at risk,” said DHHS Secretary Al Delia. “If abuse or neglect is suspected, no matter what the age or level of ability, someone should be able to step in and offer assistance. The governor’s investment in a system to protect older adults begins to fill a crucial gap in community care.”

Full Article and Source:
Nearly 20,000 Reports of Abuse, Neglect of Elderly and Disabled in 2011

North Carolina Guardianship Proposal

New Hanover County’s Department of Social Services serves as the court-appointed guardian for 66 elderly and disabled people to ensure their health, safety and well being.

On July 1 that number could swell to at least 81, or by 22.7 percent, if a court-ordered plan by the state Department of Health and Human Services is approved by the General Assembly.

Under a draft guardianship proposal, county departments of social services in North Carolina would be tasked with providing or contracting for guardianship for people with mental health issues, developmental disabilities and substance abuse issues.

The guardianship cases previously were handled by state mental health agencies such as the Southeastern Center for Mental Health, Developmental Disabilities and Substance Abuse Services in Wilmington.

In a statement about the reasoning behind the switch from mental health to DSS for guardianship, DHHS Assistant Secretary Beth Melcher said, “… the Centers for Medicare and Medicaid have determined there would be a conflict of interest if these agencies continued to serve as public guardians while also managing the financial aspects of their clients’ care.”

Currently there are 1,691 people across North Carolina who receive guardianship services through the public mental health system. The average annual cost to provide guardianship to each of those people was $2,543.

Full Article and Source:
General Assembly to Consider Guardianship Proposal