Ohio Court Battle Over Moving Elderly Abuse Victim

MetroHealth wants her out. The family wants her to stay put.

Esther Piskor, 78, has been physically abused by nurses’ aides inside the Prentiss Center nursing home at MetroHealth Medical Center.

The abuse was caught on a hidden camera that Esther’s son, Steve Piskor, placed inside Esther’s room with the staff’s knowledge.

The family went to court seeking a temporary restraining order, trying to stop MetroHealth from moving Esther out of its facility.

The nursing home argues that Esther should be placed in another facility to ensure her safety and welfare. Steve Piskor says it doesn’t make any sense.

MetroHealth disciplined eight employees based on abuse caught on the hidden camera. Now that MetroHealth has presumably cleaned house, Steve says they want to toss Esther out the door.

“Metro should be taking responsibility and stop being so defensive. My mother is the victim here, not Metro,” Piskor said.

Family attorney David Krause says MetroHealth is giving Esther the boot to retaliate against the Piskor family for coming to Channel 3 to expose the abuse.

Full Article,Video, and Source:
Investigator: Court Fight Over Moving Elderly Abuse Victim

OH: Nursing Homes Take 6% Hit in New Budget

The usual tactics – a pricey television advertizing blitz, personal pressure on lawmakers and piles of campaign contributions – didn’t work this time for Ohio’s nursing homes.

The two-year state budget Gov. John Kasich sign[ed] into law [6/30/11] slashes Medicaid rates paid to nursing homes by nearly 6 percent starting [7/1/11], and it eliminates guaranteed increases that the powerful lobby persuaded legislators to put into state law years ago.

“In some ways you live by the sword, you die by the sword,” said Robert Applebaum, director of the Ohio Long-Term Care Research Project at Miami University’s Scripps Gerontology Center.

“There are only two states where the reimbursement formula is in state law, and Ohio is one of them. In the past, that has served nursing homes well because they have done better than other Medicaid providers. … But when budgets are tight, it can have a very negative impact.”

Full Article and Source:
Once Powerful Nursing Homes Take a 6% Hit in New Budget

Medicaid Dispute: Ohio State Audit Faults APSI (Advocacy & Protective Services, Inc) With Spending of $1.3 Mil

State auditors said the Ohio Department of Developmental Disabilities has failed to account for more than $1.3 million in tax money it paid to a company that provides protective services to the mentally retarded and developmentally disabled.

The Ohio attorney general’s office, which pursues Medicaid fraud, is investigating, The Dispatch has learned, although a representative would not comment.

Advocacy & Protective Services Inc. received the money in 2009 for administrative costs from the Department of Developmental Disabilities. The questions arose after the department sought reimbursement from Medicaid – the state health-care program for the poor and disabled.

“The Department of Developmental Disabilities has been unable to provide sufficient documentation to support the services performed by Advocacy & Protective Services and subsequent costs reimbursed through (Medicaid),” according to a 10-page preliminary audit by the Ohio Department of Job and Family Services.

Instead, the state agency was simply cutting checks on a regular basis to the company even though it didn’t detail what the money was for, the preliminary audit found.

A final audit has not been released, but preliminary findings were provided to The Dispatch in response to a public-records request.

Advocacy & Protective Services (APSI) is a private, nonprofit organization based in Columbus that is under contract with the developmental-disabilities agency to serve as a court-appointed legal guardian and trustee for about 4,800 Ohioans with mental retardation or other developmental disabilities.

Full Article and Source:
State Audit Faults Disability Agency in Spending of $1.3 Million

Ohio Guardianship Investigator Fired

Mahoning County Probate Judge Mark Belinky fired Donald D. Gaudio Jr., [7/14/11] from his position as deputy clerk and guardianship investigator, effective immediately.

The judge had put Gaudio on unpaid administrative leave on June 16, the day after Gaudio, 49, of Boardman, allegedly threatened to punch Samuel M. Moffie, a 51-year-old Boardman businessman, in the face in the county courthouse rotunda just before the swearing-in ceremony for county Treasurer Daniel R. Yemma.

A sheriff’s department report was filed, but no criminal charges were filed in that incident. “His conduct did not meet court standards,” Judge Belinky said of Gaudio, declining to elaborate.

In April 2010, Judge Belinky put Gaudio on two weeks’ leave pending an internal court investigation concerning other matters, docked him a week’s pay and reinstated him on a 120-day probationary period.

Full Article and Source:
Mahoning Co. Probate Court Judge Fires Investigator, Deputy Clerk

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Court Investigator Placed on Leave

>Court Investigator Placed on Leave

>Donald D. Gaudio Jr. has again been placed on unpaid administrative leave from his job as deputy clerk and guardianship investigator with the Mahoning County Probate Court.

Judge Mark Belinky of the probate court put Gaudio on leave, effective immediately, in a Thursday afternoon judgment entry.

The leave is effective pending completion of a county sheriff’s department investigation of a verbal altercation, in which Gaudio, 49, of Boardman, allegedly threatened to punch Samuel M. Moffie, a 51-year-old Boardman businessman, in the face.

The altercation occurred just before the 1 p.m. Wednesday swearing-in ceremony for Daniel R. Yemma as county treasurer in the county courthouse rotunda.

Source:
Mahoning Co. Probate Court Investigator Placed on Leave

>Ohio Atty Sentenced to Prison, Restitution for Theft From Trust Fund

>An attorney was sentenced in Cuyahoga County to prison time and ordered to pay restitution after he pleaded no contest to charges of theft amounting to more a million dollars.

Judge Michael Astrab handed down an eight-year sentence to 61-year-old Charles Manning of Chesterland on Friday. He also has to pay more than $1.5 million in restitution to the victims and pay a $20,000 fine.

Manning entered the no contest plea to two counts of theft on February 15, 2011.

According to the Cuyahoga Prosecutor’s Office, Manning stole more than $1.5 million from two clients’ trust funds and used the money to invest in a failed water, sewer, pipeline, and a communications and power line construction business operating in southern Ohio.

Full Article and Source:
Attorney Charles Manning Sentenced to Prison Time, Restitution for Theft

>Jane Branson’s Story FIX BEFORE PUBLISHING

>The Collaboration against Abuse, Neglect, & Exploitation had a comments section I emailed the following.

My Mother was forced against her will in a nursing home in Hillsboro Ohio by her guardian. The guardian and the social worker conspired to hold Mom prisoner without medical necessity in 2007. There are pictures of Mom’s abuse at the nursing home and tape recordings where Mom and I were intentionally harassed and bullied by the social worker without reason or cause per the guardians orders. This was done to force me out of the nursing home to stop me from advocating Mom’s rights to return home. Mom has been rushed to emergency numerous times because of the deliberate neglect and abuse. The guardian is insulated here because he has law enforcement credentials. The social worker has made sure there is a clinical report in Mom’s case file stating she needs 24/7 care and needs to stay at the nursing home. But the social worker failed to reveal to the Court and the Guardian Ad Litem Mom had a caregiver that stayed with her at home for years and she was only in the nursing home for respite care. Mom has almost died at the Hillsboro nursing home because of abuse and neglect the social worker and the guardian has allowed. The judicial court system refuses to investigate my complaints and completely relies on the guardian and social worker reports. The judge refused to hear my evidence at the guardianship hearing of my Mother’s abuse and negligence at the nursing home.

Elaine following is Mom’s story…

SYNOPSIS CASE HISTORY OF MY MOTHER

Following the death of my step-father years ago, my step brother, began to excercise undue influence of our mother. Sadly, my step-brother is a bully. He is verbally assultive, abusive, threatening, intimidating, demeaning and controlling. He has been in a marriage strained by money concerns for many years. In or about the early 2000’s and while separated from his wife, he acknowledged to me that his wife has an insatiable lust for money, and , a gambling problem. In order that my step-brother maintain this lifestyle, I honestly believe he has financially exploited our mother for her monies an property.

Following dad’s death mom collected his life insurance, and likewise sold off some ninety-two [92] acres of the farm, keeping for herself twelve-plus [12 +] acres.

In due time my step-brother coerced Mom into co-signing for him on a Fifty-Eight Thousand Dollar [$58,000.00] “open end mortgage note”, which I have evidence of.

Weeks later my step-brother coerced mom into selling him eleven [11] acres of her land for One-Dollar [$1.00] which I have evidence of. Soon a new trailer home and a very large pole barn occupied the land.

By 2002 it was obvious that mom was failing mentally, yet my step-brother coerced mom into signing a durable power of attorney which named my step-brother as mom’s fiduciary. It was at this time in history that the conflict began to escalate, and the secrets became more secretive. In sum, my step-brother’s arrogance would not tolerate being questioned and his outward belligerence, and, verbal and phyusical assults, were his defenses.

Mom was seeing her doctor and the prescriptions soon had stablilized her mentally. On July 17, 2003, mom directed me to fax her letter to my step-brother’s attorney, stating, mom wanted me to be Assistant POA, [I have a copy of the letter] On July 18, 2003, my step-brother, issued his letter letter in reply, stating he was the Only POA. [I have that letter] On July 23, 2003, mom responded with another letter expressing her wishes [again] and confirmed she wanted me to also be POA. [I have that letter] all of which my step-brother fails and refuses to honor.

In or about late September early October 2003, my step-brother put mom’s home up for sale. On October 5, 2003, mom wrote my step-brother and advised him that she did not wish to sell the house. [I have that letter] but that did not stop my step-brother. Soon mom’s Highland county home was sold [$110,000.00] and my step-brother forced mom against her will into a Butler County nursing home.

During the period of time mom was held against her will in the Butler County nursing home, my step-brother was representing to the nursing home that he was mom’s appointed guardian. It was at this point that poa documents, believed to have been altered,, just showed up with language concerning guardianship. No court appointement, just bald assertions. Nevertheless, emotions are high, phone calls and personal meetings are contentious, and my step-brother is demanding of the nursing staff that no one be allowed to visit mom. In sum, the mess was completely out of control, all because of my step-brother and whatever it is he is hiding…likely what he has done with the money.

In time the situation prompted my older sister to contact the Cincinnati Ombudsman who investigated and reported to my sister that she had spoken to my step-brother and advised him that what he had done, and was doing, was not legal. [ I have a Notarized Statement of confirmation by my sister, who is legally blind] The Cincinnati Ombudsman provided copy of the “guardianship document” found in the file at the Butler County nursing home. [I have the copy]

Needlessly, my mother suffered terribly while at the Butler County nursing home and in 2004 I intervened and rushed mom to “The Regional Middletown Hospital”. My step-brother had given the nursing home a DNR directive and openly expressed his concern that “calling an ambulance was too expensive”. While at the Butler County nursing home mom had been rushed to the E.R. on several occasion; she suffered several infections and a kidney falilure, substantial weight loss; she often was left to sit for hours in her own urine and feces; she was found on the floor with a severly bleeding head wound; and my step-brother saw to it that mom was isolated from my sister and I, and all mom’s friends and spiritual associations. In sum, by the time this saga ran its course mom was freed from the Butler County nursing home, and I took her to live with me in Hillsboro Ohio.

For the next three years, all was comparatively quiet except for the occasional heated phone call, email, or personal encounter with my step-brother. Mom and I lived in our apartment in hillsboro and got along just fine. I work in the elder – care/home-care industry and so taking care of mom daily was quite natural for me. During these years mom was healthy and happy. Then, it came to be that I needed a surgery and in planning for surgery it was decided “respite-care” would serve well for mom while I recovered for a few weeks. Mom’s “Passport Case manager” was part of this planning.

While I lay in the hospital post-op, I received a phone call informing me that my step-brother was at the apartment packing mom’s things and terminating mom’s rental agreement. My step-brother convinced the apartment manager that mom would not be returning to the apartment. My step-brother changed the locks and evicted mom and I both. [I Have a letter from the GUARDIAN AD LITEM stating, Mom’s wanted to continue her lease at the apartment]. This was early June 2007, and my step-brother has held mom against her will in a Hillsboro nursing home on medicaid, ever since, absent medical necessity….and again, isolated from her family, friends and, her spiritual associations. It is 2003 all over again.

In November 2007 my step-brother was appointed “guardian of the person” for mom. This appointment is premised upon the nomination found in the poa document which I honestly believe is an altered and forged document. [ I have Mom’s medical records which prove Mom was incapacitated at the time she signed the poa.]
I do not believe it is medically necessary that mom be held in a nursing home. A least restrictive environment is available right here in my home. It may be convenient for my step-brother to keep mom in a nursing home, but, mom need not live the last of her years locked away in a home, isolated from family and friends that love and care for her.

For nearly twenty years my step-brother has exercised his influence over and held direct control and possession of all of mom’s financial resources and estate properties. He is not a “court appointed estate guardian” and he has never, ever accounted for or disclosed what monies and properties belonging to mom have come into his possession and control. My concern is obvious – he is under no supervision whatsoever, he has posted no bond, and, I do not believe there is a bone of good-faith in his entire body, the man is heartless.

Since being evicted by my step-brother in 2007 I have lived less than ten-minutes from where my mother is being held against her will. My step-brother forbids mom and I visiting and I fear for being in the physical presence of my step-brother. He has been violent toward both my elder sister and I in the past.

My step-brother refused to follow my Mother’s wishes but instead, inflicted His wishes on my Mother to abuse, neglect and exploit her.

>Facebook Brings Challenges For Judges, Attorneys

>The Ohio Supreme Court wants state judges to exhibit caution before padding their Facebook friend lists with people – read attorneys – who might appear or are appearing before them in court.

Advisory guidelines issued in December by the court’s Board of Commissioners on Grievances & Discipline cautioned judges about their connections and what information they are sharing on social networking sites such as Facebook, Twitter and LinkedIn.

“You can be a friend with somebody, but you’ve got to do it carefully,” said Jon Marshall, the board’s secretary.

Full Article and Source:
Facebook Brings Challenges For Judges, Attorneys

>Evelyn Schwartz, Gone Too Soon

>

Source:
YouTube

See Also:
Evelyn Schwartz Passes

>Ohio Man Accused of Illegally Altering Client’s Will has Arraignment Postponed

>AMentor man accused of illegally altering a dying woman’s will was supposed to appear Monday in Cuyahoga County Court of Common Pleas.

Instead, William Dilley’s arraignment was postponed until March 14 at his request, according to the court docket.

Dilley, 66, is charged with theft, tampering with records and perjury.

He was the financial adviser of Betty Montgomery, who lived in the Stratford Commons nursing home in Glenwillow.

Montgomery had no family and planned to divide her considerable estate between three friends, Save-A-Pet and the Holy Cancer Family Home.

However, Dilley altered her will and coerced her into signing it, so he would be the sole heir of her $750,000 estate, prosecutors said.

Full Article and Source:
Mentor Man Accused of Illegally Altering Client’s Will Has Arraignment Postponed