Archive for the ‘North Dakota’ Category

Woman Pleads Not Guilty to Exploitation

April 11, 2010

Becky Lynn Vandal, 49, was charged with the Class A felony for allegedly getting an elderly man with dementia to give her more than $100,000.

Vandal has been accused of taking Dr. Gerd Ebel, 85, to a Wells Fargo bank on Jan. 6 to transfer $110,424.41 from a CD into her account. Ebel, who died Feb. 12, had been in the hospital from Dec. 31 to Jan. 5, when a doctor found in a neuropsychological evaluation that Ebel was not competent to make decisions due to dementia.

Vandal told officers she was aware of the doctor’s findings.

Vandal’s next court appearance is slated for May 3.

Source:
Bismarck Woman Pleads Not Guilty to Exploitation of a Vulnerable Adult

Accused of Exploiting Dementia Patient

March 7, 2010

A Bismarck woman is accused of coercing an elderly man with dementia into giving her $110,000 a month before his death.

Rebecca Vandal was charged Tuesday in South Central District Court with exploitation of a vulnerable adult. The 49-year-old posted $10,000 bond.

Court documents say Vandal took 85-year-old Gerd Ebel on Jan. 6 to a bank, where he transferred $110,000 from a certificate of deposit into Vandal’s account.

Court documents say Ebel was hospitalized Dec. 31 to Jan. 5, at which time a doctor ruled him incompetent to make decisions due to dementia.

Full Article and Source:
ND Woman Accused of Exploiting Dementia Patient

Charged with Exploitation of Vulnerable Adult

December 8, 2009

A former Hettinger County resident has been charged for allegedly exploiting a vulnerable adult earlier this year. A preliminary hearing was held for Gregory Goetz, 47, Thursday.

James Gion, Hettinger County state’s attorney, said neither Goetz nor his wife presently reside in Hettinger County. Clarence Tuhy, Stark County sheriff, said Goetz resides in Richardton.

Goetz is out on a $50,000 surety bond, Gion said.

Goetz was appointed as the conservator of his wife and is accused of obtaining or using money held in a conservatorship, according to a Hettinger County criminal complaint.

In August, Goetz was put in charge of about $270,000 which belonged to his wife, said Pat Helfrich, special agent of the North Dakota Bureau of Criminal Investigation, at the hearing.

The money, which reportedly came from a legal settlement in Alaska, was put into a bank account, Helfrich said. However, the money was then removed from the bank account, he said.

“… the money had been taken out in cash and it was put in a safe,” Helfrich said. “According to the report from (Goetz’s wife), the bank strongly suggested not doing so, but she said that Greg insisted.”

Approximately $41,000 is left of the money, Helfrich said.

The money was reportedly spent on several items, such as vehicles, a trip to Las Vegas and dental work. Goetz also is accused of giving some of the money to his girlfriend and his ex-wife, Helfrich said.

Full Article and Source:
Area Man Charged With Exploitation

Sons Challenge Will

April 25, 2009
The sons of the late Thomas J. Clifford have challenged the will filed in Grand Forks County District Court on behalf of the former UND president and asked for formal probate proceedings.

District Judge Karen Braaten has ordered a hearing June 11 on the petition.

Stephen and Thomas Clifford Jr., sons of the late president and his first wife, Florence, say in their petition that they do not know “whether the document purported to be a will … and submitted for informal probate was validly executed” by their father.

They also suggest “that circumstances surrounding the death of the decedent and the actions and statements made by the appointed personal representative, Gayle Clifford, raise the issue of the validity of the document purported to be a will.”

Full Article and Source:
Tom Clifford’s sons challenge will

>Sons Challenge Will

April 25, 2009

>

The sons of the late Thomas J. Clifford have challenged the will filed in Grand Forks County District Court on behalf of the former UND president and asked for formal probate proceedings.

District Judge Karen Braaten has ordered a hearing June 11 on the petition.

Stephen and Thomas Clifford Jr., sons of the late president and his first wife, Florence, say in their petition that they do not know “whether the document purported to be a will … and submitted for informal probate was validly executed” by their father.

They also suggest “that circumstances surrounding the death of the decedent and the actions and statements made by the appointed personal representative, Gayle Clifford, raise the issue of the validity of the document purported to be a will.”

Full Article and Source:
Tom Clifford’s sons challenge will

States Look to Uniform Guardian Laws

February 16, 2009
Guardian Kelly Qualey watched helplessly from afar as one of her wards, a vulnerable adult from Fargo, ended up with a convicted felon as a roommate after he moved to Texas.

Qualey’s guardianship didn’t travel with the man, who suffered from dementia and mental illness, because the state of Texas didn’t recognize her authority.

Ultimately, the former Fargo resident was placed in an assisted-living facility, where he is better protected from those who would prey upon the unsuspecting. But his case underscores the need for uniform state guardian laws, said Qualey, who is with Guardian and Protective Services.

North Dakota and Minnesota are among a handful of states considering legislation to adopt a standard guardianship law to prevent pitfalls such as the one Qualey’s client faced last year.

Full Article and Source:
ND, Minnesota look to uniform guardian laws

>States Look to Uniform Guardian Laws

February 16, 2009

>

Guardian Kelly Qualey watched helplessly from afar as one of her wards, a vulnerable adult from Fargo, ended up with a convicted felon as a roommate after he moved to Texas.

Qualey’s guardianship didn’t travel with the man, who suffered from dementia and mental illness, because the state of Texas didn’t recognize her authority.

Ultimately, the former Fargo resident was placed in an assisted-living facility, where he is better protected from those who would prey upon the unsuspecting. But his case underscores the need for uniform state guardian laws, said Qualey, who is with Guardian and Protective Services.

North Dakota and Minnesota are among a handful of states considering legislation to adopt a standard guardianship law to prevent pitfalls such as the one Qualey’s client faced last year.

Full Article and Source:
ND, Minnesota look to uniform guardian laws

More Guardianships May Be Needed

February 5, 2009
State officials say more guardianships may be needed because of North Dakota’s aging population and the needs of disabled veterans from Iraq and Afghanistan.

Aging Services Division Director Linda Wright said court-appointed guardians can help people live independently without fear of being exploited.

Teresa Larsen, executive director of the North Dakota Protection and Advocacy Project: “a guardian is appointed only when a court is convinced that all possible alternatives have been exhausted.”

Human Services officials said they have developed a new booklet and fact sheet to try to educate guardians about their roles. They said 54 guardianships have been established since August 2007.

The “Guardianship Handbook: Guide for Court Appointed Guardians in North Dakota” and the related one-page fact sheet are available online at Guardianship Handbook (pdf)

Source:
Resources offered on guardianships

>More Guardianships May Be Needed

February 5, 2009

>

State officials say more guardianships may be needed because of North Dakota’s aging population and the needs of disabled veterans from Iraq and Afghanistan.

Aging Services Division Director Linda Wright said court-appointed guardians can help people live independently without fear of being exploited.

Teresa Larsen, executive director of the North Dakota Protection and Advocacy Project: “a guardian is appointed only when a court is convinced that all possible alternatives have been exhausted.”

Human Services officials said they have developed a new booklet and fact sheet to try to educate guardians about their roles. They said 54 guardianships have been established since August 2007.

The “Guardianship Handbook: Guide for Court Appointed Guardians in North Dakota” and the related one-page fact sheet are available online at Guardianship Handbook (pdf)

Source:
Resources offered on guardianships

Granny Snatching Bill

January 29, 2009
North Dakota could become one of several states enacting a uniform law that’s designed to decrease legal battles across state lines among families of elderly or incapacitated persons — cases that often involve control of large estates or fortunes.

Senate Bill 2074 involves how courts will determine which state can appoint a guardian or conservator if there is a conflict and how such guardianships or conservatorships can be transferred from one state to another.

The AARP was among those testifying Monday in favor of the bill.

Source:
N.D. POLITICS: Legislative appointments… Granny-snatching bill:..Human trafficking ban….Withholding limit OK’d

More information:
Senat Bill No. 2074 (pdf)

See also:
Granny Snatching

Granny Snatching – Another Side

ABA Seeking Stories About Multi-State Guardianships