‘…That Basic Principle of Justice’ Applies to Guardianship Abuse?

It is an elementary principle of jurisprudence in all civilized countries that before property or liberty may be taken from an individual he shall have an opportunity to be heard on charges brought against him.

This is a rule so universal in its application to all common-law, chancery, or statutory proceedings that there is general agreement that no court has power otherwise to divest a person of property or punish him. In fact, the recognition of that basic principle of justice is so widespread that courts are now seldom called upon to restore rights of individuals so ruthlessly taken from them.

Source:
Leininger v. Reichle, 317 Ill. 625, 148 N.E. 384; Heppe v. Szczepanski, 209 Ill. 88, 70 N.E. 737, 101 Am.St.Rep. 221; Botsford v. O’Conner, 57 Ill. 72.

 

Tonight on T.S. Radio: Elder Abuse and Exploitation and Murder

Rosanne Miller: I am dealing with the cover up of the death of my Mother. The court system left my Dad with Dementia and mentally impaired, incompetent and in abuse: literally living like a pig for 6 yrs while I tried to get guardianship which the court refused me.

Now the corporate agents have stolen $250,000 from their estate. My Dad is now in a nursing home trying to kill himself so the agents loaded him up on drugs to subdue him which is abuse by chemical restraint. The agents have gutted their home throwing away any final evidence to link the suspect of Mom’s death while it is still an “ongoing” investigation. The Corporate Agents have done everything they can to support the suspect and abuser cause they knew that is where they would make their money. The suspect walks free to this day.

This is nothing short of conspiracy and racketeering.

Great country we live in.

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

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Stealing From Elderly Patient Leads to NJ Woman’s Probation Sentence

A Wayne woman who pleaded guilty to 11 counts of theft by deception after authorities said she stole money from an elderly person she was caring for was sentenced to three years of probation and a suspended sentence of 364 days in the Morris County Correctional Facility, Acting Morris County Prosecutor Fredric Knapp said.

Linda Stimmel-Keay, 47, was working as a home health care aid for an elderly person when she stole more than $285,000 from three separate bank accounts under the patient’s name, Knapp said. A total of $90,835.93 was stolen from the patient’s Ameriprise Financial account; $131,400.82 stolen from E-Trade and $62,994.58 stolen from Lakeland Bank Checking, as discovered by an audit conducted by the Morris County Prosecutor’s Office Fraud Unit.

Stimmel-Keay pleaded guilty to the charges on April 16 and paid $201,226.66 in restitution to the victim just prior.

In addition to the probation sentence, the Hon. Stuart Minkowitz sentenced Stimmel-Keay to ten days of the Sheriff’s Labor Assistance Program; 120 hours of community service; additional restitution to Ameriprise Financial in the amount of $63,595.54 and for her to surrender her nurse aide’s certification.

Full Article and Source:
Stealing From Elderly Patient Leads to Wayne Woman’s Probation Sentence

Alabama Legislature Targets Abuse, Financial Exploitation of Seniors

The Alabama Legislature is making it easier to prosecute people who abuse, neglect or financially exploit senior citizens.

The House and Senate passed different versions of the bill earlier in the Senate and then agreed on the same version on Monday night shortly before the 2013 legislative session ended.

The Protecting Alabama’s Elders Act was pushed by Republican Sen. Cam Ward of Alabaster and Republican Rep. Paul DeMarco of Homewood. Proponents said it better defines what constitutes elder abuse and increases the penalties for the most serious offenses.

Full Article and Source:
Alabama Legislature Targets Abuse, Financial Exploitation of Senior Citizens

Tonight on T.S. Radio: Conservatorship Hell..The Story of Danny Tate

Danny Tate is a successful singer/songwriter who was conserved in an ex-parte hearing in Judge Randy Kennedy’s court in Nashville, TN. (Judge Kennedy is the only probate judge in that county — so all probate matters go through him.) Danny wasn’t given notice of the hearing and Kennedy put him in a “temporary conservatorship” — a court-ordered hell (to quote an article that was written about the case) that lasted for 2.5 years. Danny was “freed” in 2010 but not really – the conservatorship has kept an ugly hold on Danny’s finances to this day.

It’s a “Ripleys Believe it or Not” type of case because not only did the conservatorship consume Danny’s over $2 mil estate, it plunged him into spiraling debt. Last year, the court ordered Danny’s home to be auctioned off to pay the ravenous lawyers – and guess who bought it? Danny’s own former lawyer – and at a very reduced rate.

Danny is unique because most victims of guardianship abuse are elderly and unable to speak up. Danny’s a walking, talking survivor – and he’s got a lot to say!

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

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Man Arrested After Making Death Threats Against Judge

An Austin man, accused of making death threat to a judge, is behind bars.

Shawn Erik Haugen, 26, is charged with retaliation, a third degree felony.

According to an arrest affidavit, Travis County Probate Judge Guy Herman had taken away Haugen’s ability to act on his own behalf in legal matters because of his severe schizophrenia.

Herman received a call from Haugen’s public defender saying she received an angry voice mail from her client, the affidavit said. Haugen knew the judge’s home address and phone number, and threatened to kill Herman, according to the affidavit.

Then Herman’s wife called him stating a message was on their home answering machine also threatening the judge, police said. The family went to stay in a hotel and received police protection.

Full Article and Source:
Austin Police:  Man Arrested After Making Death Threats Against Judge

Tonite on T. S. Radio: Meet Your Hospitalist

This is the replacement show for the January 27th technical problems. Beverly Newman, Elder Advocate, Florida, will be co-hosting this show. This evening we will be discussing one of the newest booming medical industries; the Hospitalist and why you should avoid them at all costs in most cases. Beverly will be discussing the Sarasota, Florida, sheriff department efforts to have people admitted to hospitals sign total waivers on their constitutional rights and their right to medical privacy. All of this just in time for the one-sided crackdown on prescription drug users. Of course no real effort will be expended to go after the manufacturers and distributors. And there certainly will not be any action taken against Doctors who prescribe chemical restraints for the elderly using drugs prohibited for use on the elderly. This would be particularly handy in the case of elder abduction at the hands of professional predators. Not knowing what they were signing, they could actually be facilitating their own waiver of rights in every area….and would be declared incompetent immediately afterwards. The law enforcement coding/billing system and the answer to why law enforcement will not report or respond to reports of abuse, kidnap and neglect of elderly individuals committed by professional predators.

LISTEN NOW or listen to the archive later

As we reflect on the year 2012, we celebrate many accomplishments: the ABC7 investigative reports; Bobby Schindler’s petition to become Gary Harvey’s guardian; many, many cases profiled in print media across the country; NASGA’s participation as an expert in an on-line chat about guardianship abuse conducted by a major newspaper; the growing success of Marti Oakley’s weekly talk show on guardianship abuse; all eyes continuing to focus on the Daniel Gross case which is still alive in the courts and which, if successful, will chip away at immunity and begin to hold bad guardians accountable; the growing strength and drive many of our members are using to get involved with legislation in their respective states; the overall increasing awareness across the country of guardianship and conservatorship abuse, and more.

We are proud of our successes; but we also remember the many important court battles lost this year and the suffering vulnerable elderly and disabled wards continue to endure because their family has been rendered helpless to protect them. And we pause with heavy hearts, honoring those precious lives so needlessly lost during 2012. We use our overwhelming sorrow to fuel our advocacy and drive us to do even more in 2013 to STOP guardianship and conservatorship abuse so future victims, and their families, won’t have to suffer the pain and agony of guardianship and conservatorship abuse.

As we leave 2012 tonite, we long to see the smiling faces of our loved ones lost this past year, victims of guardianship and conservatorship abuse: Clara Marsh, Alvahteen Anderson, “Annie’s Mom,” Boyd Israel, Retta Rickow, and more.

Their families fought the good fight and now advocate so other vulnerable elderly or disabled will not suffer as their loved ones were forced to at the end of their lives.

May those we lost light up the skies of heaven and forever keep our hearts warm.

Happy Holidays