As we close the holiday season, we are reminded that one sad reality, elder abuse, takes no holiday. In fact, recent studies show that abuse of older adults, especially financial abuse, increases dramatically during the holiday season. Today, more than one in ten older adults will be victims of some form of elder abuse, with a collective loss of almost $3 billion a year.
Just before adjourning for the holiday, Congress passed a massive spending bill for the rest of this fiscal year. For the second year in a row, Congress failed to provide funding for the only comprehensive federal elder abuse prevention law -- the Elder Justice Act. This is both shameful and shortsighted. Less than two years ago, in a bi-partisan basis, Congress enacted the Elder Justice Act and signaled its recognition that elder abuse is a growing problem that requires a coordinated and comprehensive federal response to effectively combat it. This law simply authorizes funds. A second bill must be passed to actually put the law into action. President Obama asked Congress to provide $21.5 million in startup funds for the Elder Justice Act in his budget for 2012, and Congress ignored this request.
Victims cannot march on Washington to demand justice, and they should not have to. One victim, legendary actor Mickey Rooney did, when he testified before Congress about his personal experience as a victim of elder abuse. Mr. Rooney drew many cameras to the hearing, but his story did not motivate the rest of Congress to provide critical funding.
We are about to start a new year. The focus for 2012 will be both policy and politics. Both parties will covet and compete for the older voter. Older voters continue to be the most reliable voter and their numbers are increasing. Older voters represented 23 percent of the voting population in 2010 -- up from 16 percent in 2008. They respond to actions taken, not promises made. The older voter is concerned about threats to the future of Social Security and Medicare, and more directly, their own safety and financial security. Elder abuse is an ever present threat which must be thwarted, and they expect the federal government to be involved.
Our bi-partisan 3000-member Elder Justice Coalition intends to make funding for elder abuse prevention a political imperative to Congress and to candidates for President. Funding for the Elder Justice Act will promote jobs, protect older adults and prevent unnecessary spending by Medicaid and Medicare. The amount needed to fund elder justice is about $200 million a year, or about 5 percent of what was recovered last year by the federal government in fraud and waste in Medicare and Medicaid. It is time to end the shame and fund elder justice.
Robert B. Blancato is the National Coordinator of the Elder Justice Coalition, Washington D.C. http://www.elderjusticecoalition.com/.
Friday, December 30, 2011
Thursday, December 29, 2011
Death and Taxes Blog
He's leaving! Accepted a new position! Here's his post. I'm completely devastated by his decision, doesn't he know there's not many good attorney's out there? And why can't he keep the blog?!
He's selling off his domain name too and I hope he just doesn't hand to anyone. He's been so dedicated to blogging, giving us facts, explaining the law, it's a really good site and I'm sad to see it go..... now, who's going to keep me informed that's honest or has integrity?! Who can I trust? I'll have to find out what that Tom Oloffson is up to.....
He's selling off his domain name too and I hope he just doesn't hand to anyone. He's been so dedicated to blogging, giving us facts, explaining the law, it's a really good site and I'm sad to see it go..... now, who's going to keep me informed that's honest or has integrity?! Who can I trust? I'll have to find out what that Tom Oloffson is up to.....
Saturday, December 24, 2011
Retired NYC School Teacher Fights for Her Freedom
Retired NYC school teacher fights for her freedom
By Barbara F. Hollingsworth
Ella Card had it made in America. After emigrating to the United States from her native Belize, she earned a masters degree and taught third grade in the New York City Public School system for three decades.
She and her late husband Raymond, who died as a result of taking the recalled painkiller Vioxx, had saved and invested their money wisely, so Card was looking forward to a comfortable retirement.
But her well-laid plans took a terrible detour when she suffered temporary dementia after being struck by a car in 2010. Her two sons, whom she says lost their jobs as corrections officers due to drug abuse, petitioned the Brooklyn Supreme Court for guardianship over her affairs.
And after recovering from her injuries, the 73-year-old widow -- a naturalized U.S. citizen who retains dual citizenship in Belize -- finds herself in an ongoing guardianship nightmare that has now gone international.
On March 16, Brooklyn Judge Betsy Barros held one of five ex parte hearings on Card, appointing a temporary guardian. On April 26, Barros ignored Card's durable power of attorney, irrevocable trust, and two quit claim deeds and read the still-very-much-alive woman's will in open court before declaring her "incapacitated."
The court transcript obtained contains this Kafkaesque passage: "... the Incapacitated Person, Ella Card, vigorously contested the proceedings."
"It felt like a hanging. I was the only one sticking up for my mother," Card's 43-year-old daughter Cindy told us. "Every one of them standing there and allowing it knew my mother was not incapacitated."
Card was then placed under the near total control of a court-appointed guardian, The Vera Institute of Justice, located in the same Brooklyn courthouse. The Vera Institute of Justice's website describes it as "an independent, nonpartisan, nonprofit center for justice policy and practice." According to IRS records, $16.7 million of its $24 million annual funding comes from government grants.
Card told The Washington Examiner that The Vera Institute of Justice promptly froze all of her assets (valued at approximately $1 million), including her teachers' pension, began collecting rent on the property she owned, and forced her to live in her own home without heat, hot water or access to her own money.
Card petitioned the court to remove the guardianship. Her petition was denied. She had to borrow money to travel to Washington where, on June 14, she was one of 40 people from 17 states to tell a congressional listening session chaired by Rep. Ted Poe, R-Texas, about abuses of the guardianship system that strip vulnerable seniors and disabled people of their civil and constitutional rights.
Card was the only witness deemed "incapacitated" to testify for herself: "I was sold like a slave to The Vera Institute ... which closed all of my bank accounts, took control of my money, filed a change of address to get my mail, demanded keys to my properties and contacted Belize to try to take control of my property and bank accounts in that country. ..."
Card says her niece, who works in the American consulate, told her that the Belizean authorities confirmed she was living there, but refused to give The Vera Institute of Justice any other information.
The Examiner has learned that Nestor Mendez, Belize's ambassador to the United States, read a November letter from Card requesting his protection and passed it on to the embassy's legal division for follow-up.
Karen Goldstein, the Vera Institute of Justice's general counsel in New York, said she would look into the matter. We're still waiting for her response.
Meanwhile, the feisty Card -- who clearly demonstrated her mental and verbal acuity in an interview with this newspaper -- continues to fight for her freedom.
Barbara F. Hollingsworth is The Examiner's local opinion editor.
By Barbara F. Hollingsworth
Ella Card had it made in America. After emigrating to the United States from her native Belize, she earned a masters degree and taught third grade in the New York City Public School system for three decades.
She and her late husband Raymond, who died as a result of taking the recalled painkiller Vioxx, had saved and invested their money wisely, so Card was looking forward to a comfortable retirement.
But her well-laid plans took a terrible detour when she suffered temporary dementia after being struck by a car in 2010. Her two sons, whom she says lost their jobs as corrections officers due to drug abuse, petitioned the Brooklyn Supreme Court for guardianship over her affairs.
And after recovering from her injuries, the 73-year-old widow -- a naturalized U.S. citizen who retains dual citizenship in Belize -- finds herself in an ongoing guardianship nightmare that has now gone international.
On March 16, Brooklyn Judge Betsy Barros held one of five ex parte hearings on Card, appointing a temporary guardian. On April 26, Barros ignored Card's durable power of attorney, irrevocable trust, and two quit claim deeds and read the still-very-much-alive woman's will in open court before declaring her "incapacitated."
The court transcript obtained contains this Kafkaesque passage: "... the Incapacitated Person, Ella Card, vigorously contested the proceedings."
"It felt like a hanging. I was the only one sticking up for my mother," Card's 43-year-old daughter Cindy told us. "Every one of them standing there and allowing it knew my mother was not incapacitated."
Card was then placed under the near total control of a court-appointed guardian, The Vera Institute of Justice, located in the same Brooklyn courthouse. The Vera Institute of Justice's website describes it as "an independent, nonpartisan, nonprofit center for justice policy and practice." According to IRS records, $16.7 million of its $24 million annual funding comes from government grants.
Card told The Washington Examiner that The Vera Institute of Justice promptly froze all of her assets (valued at approximately $1 million), including her teachers' pension, began collecting rent on the property she owned, and forced her to live in her own home without heat, hot water or access to her own money.
Card petitioned the court to remove the guardianship. Her petition was denied. She had to borrow money to travel to Washington where, on June 14, she was one of 40 people from 17 states to tell a congressional listening session chaired by Rep. Ted Poe, R-Texas, about abuses of the guardianship system that strip vulnerable seniors and disabled people of their civil and constitutional rights.
Card was the only witness deemed "incapacitated" to testify for herself: "I was sold like a slave to The Vera Institute ... which closed all of my bank accounts, took control of my money, filed a change of address to get my mail, demanded keys to my properties and contacted Belize to try to take control of my property and bank accounts in that country. ..."
Card says her niece, who works in the American consulate, told her that the Belizean authorities confirmed she was living there, but refused to give The Vera Institute of Justice any other information.
The Examiner has learned that Nestor Mendez, Belize's ambassador to the United States, read a November letter from Card requesting his protection and passed it on to the embassy's legal division for follow-up.
Karen Goldstein, the Vera Institute of Justice's general counsel in New York, said she would look into the matter. We're still waiting for her response.
Meanwhile, the feisty Card -- who clearly demonstrated her mental and verbal acuity in an interview with this newspaper -- continues to fight for her freedom.
Barbara F. Hollingsworth is The Examiner's local opinion editor.
Thursday, December 8, 2011
Devon Bank Trust Department - Putting Them Out of Business
I’ve been diligently working on letting the entire world know this bank is financially exploiting their elderly and disabled clients through guardianships. I Xeroxed their court files, wrote a 33-page report describing (in detail) financial abuse to 19 of their clients (in seven years), mailed it to every State and Federal agency I could think of, spoke to all those agencies (absolutely lovely people), Senator Kirk ordered a Federal investigation (along with everyone else in DC), I walked my adopted victims up Capitol Hill, spoke to all our legislators about the problem, sent it to the probate court judges and Chief Judge (because Devon Bank was hiding their 2011 court records from me) then I put it on Congressional record a few months ago. Devon Bank, Janna Dutton and Josh Mitzen made history. I even set up a blog on the victims’ behalf.
Last week, one of the probate court judges refused to approve Devon Bank’s fees. She said they charged way too much to manage an estate. God love that judge for looking out for the best interests of her wards. I will publish the fees for the other banks so you can find one much more reasonably priced. I try to court watch for all my adopted victims, make sure I know what's going on..... and now I'm adopting others while I'm on the 18th.
I’m hoping to put that bank out of business or at least the Trust Department. I made a commitment to Rick Block (Senior VP of Trusts) and Snipped that I would do something about the fact that Snipped which just got worse. Why would Janna Dutton set up a trust account at the most expensive bank in the city if she was looking out for her clients best interests? I know, she was only looking to trap her client in guardianship to set up her retirement fund. For those of you emailing and complaining about this woman, don’t worry, I’m onto her next. If you’re upset about Josh Mitzen, email me at TamiGoldmann@aol.com. Someone is collecting information about him and will file a complaint. I don’t have time but send me the case number and information.
Last week, one of the probate court judges refused to approve Devon Bank’s fees. She said they charged way too much to manage an estate. God love that judge for looking out for the best interests of her wards. I will publish the fees for the other banks so you can find one much more reasonably priced. I try to court watch for all my adopted victims, make sure I know what's going on..... and now I'm adopting others while I'm on the 18th.
I’m hoping to put that bank out of business or at least the Trust Department. I made a commitment to Rick Block (Senior VP of Trusts) and Snipped that I would do something about the fact that Snipped which just got worse. Why would Janna Dutton set up a trust account at the most expensive bank in the city if she was looking out for her clients best interests? I know, she was only looking to trap her client in guardianship to set up her retirement fund. For those of you emailing and complaining about this woman, don’t worry, I’m onto her next. If you’re upset about Josh Mitzen, email me at TamiGoldmann@aol.com. Someone is collecting information about him and will file a complaint. I don’t have time but send me the case number and information.
Wednesday, November 16, 2011
Probate Court Audit Reveals Money Oversight Issues
MEMPHIS, TN - (WMC-TV) - Shelby County Probate Court is the subject of the county's most recent internal audit.
The scathing report revealed the court is suffering from a pervasive lack of money oversight, including losing track of funds, unlocked cash drawers and unsealed confidential records.
The court is charged with the task of distributing assets to people who can't manage their own estate - be they deceased, senior citizens or children. It was particularly daunting when internal auditors found a list of oversight problems at high risk for loss or misappropriation of court funds.
Paul Boyd became clerk last September and is now trying to clean up the mess.
"We're doing what we're supposed to do and I have no fear of anything," said Boyd.
Auditors did not accuse Boyd or anyone in his office of any wrongdoing, but they have serious changes in store, including account reconciliation.
In one case the audit found a $128,000 difference between the balance in one investment account and the balance the court had on record. The audit says the court also lost track of money in some of their 635 accounts, and they did not keep up with interest earned on some of their $21 million in holdings.
"Every year, we're going to make a call right before the end of the year and make sure we have statements from all 600-plus accounts," said Boyd.
Auditors also uncovered only four percent of the checks the court paid out had the clerk's signature and the charge and cash receipts drawer had no lock.
Boyd said he is now signing the checks, and the cash box never had more than $150 because they work mostly with checks.
"Previous to the audit, we just had a shoe box that we had in the desk drawer," said Boyd. "The auditors came and said, 'this is not acceptable,' so we went and bought a cash box with a lock."
The audit also found the court system had access weaknesses. Former administrators could still log in to the computer system and sealed cases and mental health records were left unattended at times.
Boyd said the documents are now locked away and past administrators are now locked out.
"What we do is we make them inactive, which says they can't get anything, and then we change their passwords," he said.
He said his office is using computers from the 90s, but upgrading to computers that would better safeguard the court's money would cost a quarter of a million dollars in taxpayer funds.
Boyd hopes the County Commission will grant the upgrade, but in the meantime said he looks forward to the follow-up audit.
"We need the audit to come in to provide assurance to the public that nothing is stolen and everybody's doing what they're supposed to be doing," said Boyd.
Unlike the honest errors in Probate Court, clerks across the Mid-South have made news for dishonest behavior in recent months. Shelby County Chancery Court Clerk Brandon Gunn pleaded guilty to stealing court funds in excess of $1 million. It is still unclear how the money will be recouped.
Germantown Municipal Court deputy clerk Janet Donnell confessed to theft of city funds, but Germantown will not say how much she stole. Auditors in Germantown are going through the records to get a better handle of the losses there.
General Sessions Court Clerk Otis Jackson is suing the judges who removed him, after he was indicted for allegedly coercing staff members to contribute to his re-election campaign.
To read the Shelby County Probate Court audit, click here.
Copyright 2011 WMC-TV. All rights reserved.
Read the full story and watch the video here.
The scathing report revealed the court is suffering from a pervasive lack of money oversight, including losing track of funds, unlocked cash drawers and unsealed confidential records.
The court is charged with the task of distributing assets to people who can't manage their own estate - be they deceased, senior citizens or children. It was particularly daunting when internal auditors found a list of oversight problems at high risk for loss or misappropriation of court funds.
Paul Boyd became clerk last September and is now trying to clean up the mess.
"We're doing what we're supposed to do and I have no fear of anything," said Boyd.
Auditors did not accuse Boyd or anyone in his office of any wrongdoing, but they have serious changes in store, including account reconciliation.
In one case the audit found a $128,000 difference between the balance in one investment account and the balance the court had on record. The audit says the court also lost track of money in some of their 635 accounts, and they did not keep up with interest earned on some of their $21 million in holdings.
"Every year, we're going to make a call right before the end of the year and make sure we have statements from all 600-plus accounts," said Boyd.
Auditors also uncovered only four percent of the checks the court paid out had the clerk's signature and the charge and cash receipts drawer had no lock.
Boyd said he is now signing the checks, and the cash box never had more than $150 because they work mostly with checks.
"Previous to the audit, we just had a shoe box that we had in the desk drawer," said Boyd. "The auditors came and said, 'this is not acceptable,' so we went and bought a cash box with a lock."
The audit also found the court system had access weaknesses. Former administrators could still log in to the computer system and sealed cases and mental health records were left unattended at times.
Boyd said the documents are now locked away and past administrators are now locked out.
"What we do is we make them inactive, which says they can't get anything, and then we change their passwords," he said.
He said his office is using computers from the 90s, but upgrading to computers that would better safeguard the court's money would cost a quarter of a million dollars in taxpayer funds.
Boyd hopes the County Commission will grant the upgrade, but in the meantime said he looks forward to the follow-up audit.
"We need the audit to come in to provide assurance to the public that nothing is stolen and everybody's doing what they're supposed to be doing," said Boyd.
Unlike the honest errors in Probate Court, clerks across the Mid-South have made news for dishonest behavior in recent months. Shelby County Chancery Court Clerk Brandon Gunn pleaded guilty to stealing court funds in excess of $1 million. It is still unclear how the money will be recouped.
Germantown Municipal Court deputy clerk Janet Donnell confessed to theft of city funds, but Germantown will not say how much she stole. Auditors in Germantown are going through the records to get a better handle of the losses there.
General Sessions Court Clerk Otis Jackson is suing the judges who removed him, after he was indicted for allegedly coercing staff members to contribute to his re-election campaign.
To read the Shelby County Probate Court audit, click here.
Copyright 2011 WMC-TV. All rights reserved.
Read the full story and watch the video here.
Saturday, November 12, 2011
The New Scam: Professional Conservators for the Elderly
How an Attorney in Chicago Fooled a Judge and Got Away with Elder Fraud
by Carole Wade, Contributing Columnist
No one wants to hear it. Innocent elderly women and men being scammed by welcoming seemingly sweet, lovely, and well-versed swindlers disguised as conservators. These new so-called conservators are entrepreneurs who see an aging population with checkbooks. Some of the alleged caregivers cultivate aging people for their own financial gain and interest.
While they may promise to take care of their charges, the victims soon discover that their lifetime finances have ended up in the hands of their conservator.
It can happen to you. It happened to a close member in my family. In 1990, a bearded man full of charisma, lies, and charm began courting (not literally) a wealthy older woman. According to the woman's friend, she told me, “I remember the man entering her life that night. He seemed to be carefully scouting out each person.” At this particular art reception, he promptly set his sights on a distinguished smartly-dressed man of eighty and his small fragile wealthy wife in her advancing years. In a voice that was soft but humorous, the professional attorney conservator said, “You are the most beautiful woman in the room. Are you a model?” The woman -- suffering from onset Alzheimer's replied, “How did you know?”
Although the lawyer’s record clearly reflected a numerous string of bushwhacked victims, not to mention that he knew very little about elder care of any kind, he immediately said, “I am here to help you. I will sit down with you and my new ‘adopted dad’ (her husband) tomorrow morning.”
Despite multiple warnings from their son, the gregarious newcomer and confidence man entered his mother's life. The chatty man fabricated his lineage according to what the elderly woman wanted to hear. He spotted her husband's desire to know royalty so he swiftly modified his background to include connections to the royal family of Spain. Within a few short months, the husband died and this champion scam-master attorney conservator became the sole legal representative for the widow's millions of dollars, while coldly and deliberately isolating the parent from her grown children.
The Los Angeles Times, “When a Family Matter Turns Into A Business” (November 13, 2005), paints a sad story about an elderly woman who now spends her time in the hands of a person she should not trust: A Conservator. Her new legal guardian.
The article quotes, “It was her (the conservator) responsibility to protect (the elderly woman) and conserve her nest egg. So far, (the conservator) has spent at least $200,000 of it. The money has gone to pay the conservator's fees and hire attendants to supervise the elderly woman around the clock, among other expenses.”
The Wall Street Journal's November 16, 2005, cover story relates this same experience to a beloved American: “Rosa Park's Death Stirs Up Bitter Feud Over Her Estate -- Family Fights Caregivers To Control the Legacy Of Civil-Rights Icon.”
Generally all this is unbeknownst to the children or to the elderly person's closest friends or even their physicians. First, they hear their parents mention a name. Second, his name is being built up into a “super hero.” Third, they discover he or she is in charge of their parents’ fortune and it is too late for them. And as The Los Angeles Times points out, professional conservator is a growing troubling new occupation.
After over a decade in court, the elderly man and woman in question in my life have passed away. Their son's lawsuit against the now disbarred attorney was lost. His parent's money is gone -- into the pocket of the marginal ex-lawyer who “got-away-with-it.”
I personally spoke with the District Attorney in Chicago on two different occasions in 1992 and 1993. He said to me, “This man is crafty and conniving. He is obviously unscrupulous and he cares noting about dividing, destroying, and alienating the family in question. This is how they flourish. File your case, but it can take twenty years.” The failed case took ten years and $ 360,000.00 in legal fees.
Was the Chicago legal system flawed? Yes. Did the Judge who handled the case understand professional conservators who are also attorneys? No. The Judge did not even read the case. He had his young inexperienced law clerk make the decision for him. Chicago's legal system failed to protect the elderly parents and the children in question -- permitting the hideous attorney to move thousands of miles west to start a new scam.
Today, the target age of people to swindle is over the age of sixty-five. When your parents are eighty and their wealth should pass on to their children, the new slimy conservators will pretend to “represent” both parties -- the parents and the children. But the only person winning is the scam-artist professional conservator attorney.
Professional conservators are skilled liars and experts at verbal camouflage. They know their success depends on it. Conservator/elder care is a new, growing and usually unregulated trade in the United States. The Los Angeles Times says it best, “...lawmakers and judges did not foresee that professionals would turn what had been a family matter into a business.”
About the Author: Ms. Wade is a writer who lives in Southern California. Her articles and comments appear frequently in The American Partisan, The Los Angeles Times (registration required free of charge), the Daily News, Internet newspapers, and monthly travel magazines. She also guests on the Al Rantel show. ***
© 2006 Carole Wade
by Carole Wade, Contributing Columnist
No one wants to hear it. Innocent elderly women and men being scammed by welcoming seemingly sweet, lovely, and well-versed swindlers disguised as conservators. These new so-called conservators are entrepreneurs who see an aging population with checkbooks. Some of the alleged caregivers cultivate aging people for their own financial gain and interest.
While they may promise to take care of their charges, the victims soon discover that their lifetime finances have ended up in the hands of their conservator.
It can happen to you. It happened to a close member in my family. In 1990, a bearded man full of charisma, lies, and charm began courting (not literally) a wealthy older woman. According to the woman's friend, she told me, “I remember the man entering her life that night. He seemed to be carefully scouting out each person.” At this particular art reception, he promptly set his sights on a distinguished smartly-dressed man of eighty and his small fragile wealthy wife in her advancing years. In a voice that was soft but humorous, the professional attorney conservator said, “You are the most beautiful woman in the room. Are you a model?” The woman -- suffering from onset Alzheimer's replied, “How did you know?”
Although the lawyer’s record clearly reflected a numerous string of bushwhacked victims, not to mention that he knew very little about elder care of any kind, he immediately said, “I am here to help you. I will sit down with you and my new ‘adopted dad’ (her husband) tomorrow morning.”
Despite multiple warnings from their son, the gregarious newcomer and confidence man entered his mother's life. The chatty man fabricated his lineage according to what the elderly woman wanted to hear. He spotted her husband's desire to know royalty so he swiftly modified his background to include connections to the royal family of Spain. Within a few short months, the husband died and this champion scam-master attorney conservator became the sole legal representative for the widow's millions of dollars, while coldly and deliberately isolating the parent from her grown children.
The Los Angeles Times, “When a Family Matter Turns Into A Business” (November 13, 2005), paints a sad story about an elderly woman who now spends her time in the hands of a person she should not trust: A Conservator. Her new legal guardian.
The article quotes, “It was her (the conservator) responsibility to protect (the elderly woman) and conserve her nest egg. So far, (the conservator) has spent at least $200,000 of it. The money has gone to pay the conservator's fees and hire attendants to supervise the elderly woman around the clock, among other expenses.”
The Wall Street Journal's November 16, 2005, cover story relates this same experience to a beloved American: “Rosa Park's Death Stirs Up Bitter Feud Over Her Estate -- Family Fights Caregivers To Control the Legacy Of Civil-Rights Icon.”
Generally all this is unbeknownst to the children or to the elderly person's closest friends or even their physicians. First, they hear their parents mention a name. Second, his name is being built up into a “super hero.” Third, they discover he or she is in charge of their parents’ fortune and it is too late for them. And as The Los Angeles Times points out, professional conservator is a growing troubling new occupation.
After over a decade in court, the elderly man and woman in question in my life have passed away. Their son's lawsuit against the now disbarred attorney was lost. His parent's money is gone -- into the pocket of the marginal ex-lawyer who “got-away-with-it.”
I personally spoke with the District Attorney in Chicago on two different occasions in 1992 and 1993. He said to me, “This man is crafty and conniving. He is obviously unscrupulous and he cares noting about dividing, destroying, and alienating the family in question. This is how they flourish. File your case, but it can take twenty years.” The failed case took ten years and $ 360,000.00 in legal fees.
Was the Chicago legal system flawed? Yes. Did the Judge who handled the case understand professional conservators who are also attorneys? No. The Judge did not even read the case. He had his young inexperienced law clerk make the decision for him. Chicago's legal system failed to protect the elderly parents and the children in question -- permitting the hideous attorney to move thousands of miles west to start a new scam.
Today, the target age of people to swindle is over the age of sixty-five. When your parents are eighty and their wealth should pass on to their children, the new slimy conservators will pretend to “represent” both parties -- the parents and the children. But the only person winning is the scam-artist professional conservator attorney.
Professional conservators are skilled liars and experts at verbal camouflage. They know their success depends on it. Conservator/elder care is a new, growing and usually unregulated trade in the United States. The Los Angeles Times says it best, “...lawmakers and judges did not foresee that professionals would turn what had been a family matter into a business.”
About the Author: Ms. Wade is a writer who lives in Southern California. Her articles and comments appear frequently in The American Partisan, The Los Angeles Times (registration required free of charge), the Daily News, Internet newspapers, and monthly travel magazines. She also guests on the Al Rantel show. ***
© 2006 Carole Wade
Wednesday, November 9, 2011
Devon Bank Locations in Assisted Living Facilities
The Meadows of Glen Ellyn
60 N. Nicoll Ave.
Glen Ellyn , IL 60137
630-446-1600
The Devonshire of Lisle
1700 Robin Lane
Lisle, IL 60532
630-963-1880
The Seasons at Glenview Place
4501 Concord Lane
Northbrook, IL 60062
847-803-7100
The Heritage of Des Plaines
800 S. River Road
Des Plaines, IL 60016
847-294-0100
The Hallmark
2960 N. Lake Shore Drive
Chicago, IL 60657
773-880-2960
The Kenwood of Lakeview
3121 N. Sheridan Road
Chicago, IL 60657
773-404-9800
Hawthorn Lakes
10 E. Hawthorn Parkway
Vernon Hills, IL 60061
847-367-2516
Willows
10 East Hawthorn Parkway
Vernon Hills, IL 60061
847-367-2516
They have other branches but I have to drive over to them. It "looks like" they're in Section 8 Housing and other facilities? These facilities are owned by Brookdale Senior Living whom I believe took over Sunrise not too long ago. A woman at one of these facilities had her account at Devon bank and she was moved by her niece to a nursing home. "Somehow" Devon Bank got involved, trapped the woman in guardianship. That was no coincidence.
60 N. Nicoll Ave.
Glen Ellyn , IL 60137
630-446-1600
The Devonshire of Lisle
1700 Robin Lane
Lisle, IL 60532
630-963-1880
The Seasons at Glenview Place
4501 Concord Lane
Northbrook, IL 60062
847-803-7100
The Heritage of Des Plaines
800 S. River Road
Des Plaines, IL 60016
847-294-0100
The Hallmark
2960 N. Lake Shore Drive
Chicago, IL 60657
773-880-2960
The Kenwood of Lakeview
3121 N. Sheridan Road
Chicago, IL 60657
773-404-9800
Hawthorn Lakes
10 E. Hawthorn Parkway
Vernon Hills, IL 60061
847-367-2516
Willows
10 East Hawthorn Parkway
Vernon Hills, IL 60061
847-367-2516
They have other branches but I have to drive over to them. It "looks like" they're in Section 8 Housing and other facilities? These facilities are owned by Brookdale Senior Living whom I believe took over Sunrise not too long ago. A woman at one of these facilities had her account at Devon bank and she was moved by her niece to a nursing home. "Somehow" Devon Bank got involved, trapped the woman in guardianship. That was no coincidence.
Probate Court: The Largest Business in the World
(and the deepest, darkest, dirtiest, yet wealthiest secret of our government)
Consider this, the probate court is the largest business in the world, for through its portals pass the entire wealth of the world, sooner or later.
Now, pay close attention:
In this post, I will mathematically prove this allegation. Though this well-kept secret does not appear in the Fortune 500′s list, the probate court trumps them all, including Wal-Mart, Wall Street, Bill Gates, Warren Buffet. These businesses and individuals are all dwarves compared to the probate court.
Follow carefully, for this will help the reader understand and comprehend the magnitude of the “business of the court”, specifically the probate court.
Now, before I lay out a hypothetical (ball-park) figure of the gross annual income of the probate court, you must understand that the probate court is the most unaccounted for court; for there is typically no jury, no oversight and a judge vested with an authority that is typically void of credibility to adjudicate the matters before their court. If they are not in possession of mathematical credentials and certification that surpass those of its practitioners, then what credentials must they possess to be qualified for the probate bench? A superior knowledge of the law should be a given. Yet, with factoring in an almost unaccounted for court overseeing the largest business in the world, it invites corruption, and a subversion of the law becomes a rule as opposed to the exception.
Let me interject here that in Davidson County, TN, where the 7th Circuit Court’s bench is occupied by a man who, from inside information, graduated in the lower half of his class from Nashville School of Law, Judge Randy Kennedy is not a scholar, but a politician, and this further invites and suggests lack of interest in the citizenry and favor towards its practitioners and all state agencies that do business in the court, including our Attorney General, Robert E. Cooper, Jr. (we will present evidence in a future post that puts Cooper and Kennedy “in bed” together, thus no accountability from our highest state law enforcement public servant).
Judge Jim Everett, two probate judges back, committed suicide in the home of notorious organized corruption king-pin Jimmy Lewis’ home, when the TBI (Tennessee Bureau of Investigation) initiated investigations into his actions that are insignificant compared to the corruption Judge Randy Kennedy facilitates and cooperates in routinely. Judge Kennedy is tied directly to Jimmy Lewis, as is Paul Housch, Adam Dread, all one-time attorneys for Jimmy Lewis. There are other probate practitioners attached to this world of organized corruption.
Judge Jim Everett Suicide–Nashville Scene, January 18, 1996
http://www.nashvillescene.com/nashville/desperately-seeking-the-news/Content?oid=1180198
Now I present the mathematical equation that represents the probate court as being the largest business in the world:
In a discussion with respected journalist and probate blogger, Lou Ann Anderson, she represented the amount of money that passes through one probate court in Houston, TX, a county that has THREE probate courts, and this is from just ONE of those courts in one county. Lou Ann Anderson’s’ testimonial must start with her involuntarily thrust into the probate hell:
This approximate calculation of the wealth of the probate court was presented last year at Impeach Randy Kennedy, but in the light of recent activity, it’s important to bring this issue back up.
Let’s assume every county has one probate court, though the county referred to in Estate of Denial has three probate courts. One probate court, our of three, does 3 billion/year in this county, so we’ll underestimate in our hypotheses.
According to Wikipedia, here’s the definition of a “county”, though they may have a different title in different states such as Louisiana and Alaska:
http://en.wikipedia.org/wiki/County_(United_States)
In the United States, a county is a geographic subdivision of a state (or federal territory), usually assigned some governmental authority. The term “county” is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs.[1] Parishes and boroughs are called “county-equivalents” by the U.S. Federal Government, as are certain independent cities which are not parts of counties. There are currently 3,143 counties and county-equivalents in the United States; 3,141 according to Wolfram
Alpha knowledgebase, 2011.
Now, if one of three courts has a gross annual income of 3 Billion, that would suggest 9 Billion in one county annually, and these figures come from 1995. Now, let’s multiply that times 3,143 counties or “county-equivalents“. This would gross 28,287,000,000,000.00. Let me simplify by letting you know this figure is well in excess of $28 TRILLION dollars. This figure dwarfs the GDP (Gross Domestic Product) $14.582 Trillion
http://www.google.com/publicdata/explore?ds=d5bncppjof8f9_&met_y=ny_gdp_mktp_cd&idim=country:USA&dl=en&hl=en&q=gross+domestic+product
Not to mention the USA National Debt which exceeds $14 Trillion:
http://www.usdebtclock.org/
According to this “ball-park” calculation based on numbers presented from one probate court in 1995, the gross annual income of the probate court equals the US National Debt and the Gross Domestic Product combined, approximately $28 Trillion. I believe we can assume this is a modest calculation, understating the fact.
Based upon this calculation, the probate court is not only the largest business in the United States, but this would probably hold true for any country in the world that uses the probate court to liquidate and divide the wealth of their nation.
Again, all the wealth of the world passes through probate, in a court virtually unaccounted for, benched by judges who are not certified accountants (typically), all bills are paid by the court, all attorneys are paid by the court, and the matters of the state in estate matters are adjudicated in the probate court.
Reader, are you grasping what this is telegraphing loud and clear? Do you think the “powers that be” are going to let go of these purse strings without slinging mud, ruining lives and protecting themselves by “hook or crook”? You are a fool, or just indifferent, if you think otherwise.
The probate court is the deep, dark, dirty secret of, not only our legal system, but our entire government, for in this unaccounted for court, passes the wealth of the world, houses the largest business in the world, and it can surely, and more often than not, invite corruption.
How can this “business of the court” be wrangled into accountability?
In my experience, here are the options: In Tennessee, apparently here is no hope for reform on a local or state level, for the agencies charged with investigating crimes are not inclined to take on the largest business in the world. Legislators are not going to bite the hand that feeds them. The Court of the Judiciary is not going to charge a judge for judicial misconduct when they’ve committed the same misconduct. Former Tennessee Governor Bredesen (refer to previous post) appointed Judge Randy Kennedy to run Davidson County’s largest business, so that suggests he might be in on the business of the court. Attorney General Robert E. Cooper does business in Judge Randy Kennedy’s Court (and they’ve got some side business we will reveal upcoming).
Is there federal intervention that would save us from on high?
I’m in Washington DC as I write, seeking federal intervention from the lack of integrity on a local and state level in Tennessee, but it’s hard for me to imagine that the feds are going to “bite the hand that feeds them”, though there has been traction here and I will return with a greater confidence that justice will be served.
With the constant bickering between the right and the left, which is nothing but an instrument to distract “we, the people”, from all internal atrocities, and from the fact the probate court is looting our estates before we are in the grave, my case being a prime example, “Court-Ordered Hell” , the only reasonable conclusion might be that we must overtake our government, for the voice of “we, the people” is not represented at any level, state or federal, and this MUST be of “grave” concern (pun intended). The probate purse strings will not be let go of without a fight. And the probate practitioners are the bottom feeders of the legal system, right behind ambulance chasers. These are the culprits stealing our money. WAKE UP!!! You do not want to wake up one day in this “court-ordered hell”, brought on by a protected, illegal, yet sanctioned ambush.
Our Constitution provides the right to raise a militia, used to rise up against tyranny, perfectly represented in the probate courts of America. It is truly taxation without representation, for once you are in probate, you ARE NOT represented, for all attorneys are on the probate gravy train, having their outrageous and exaggerated fees paid by the probate court, not by the client. Are you following this line of reasoning?
It may require a coup, a rising up of the patriotic spirit this nation was born from,
“Don’t tread on me”
“Give me liberty or give me death”.
In closing, the entire legal and political system has kept us in the dark as to the largest business in the world, the probate court, and in order for us to take back the power and take control of this probate industry that our leaders have not, and apparently will not, protect us from, it obviously will and must require extreme measures, by any means necessary.
I, for one, am ready to lead the charge. Who will follow? Are you an American of the patriotic spirit, or have you sold your soul to the era of thievery and greed spawned by our own “trusted” servants? Not me, not now, not ever.
You can sit on the sidelines and be a spectator, but that will not do, not now, not at this point in time in American history.
Now is the hour of truth.
I challenge you to rise up and exercise your Constitutional Rights, and lets strip our government of the tyranny that has taken over. Probate courts are Taxation Without Representation, the very movement that birthed our nation. Who will follow?
by Danny Tate
http://impeachrandykennedy.wordpress.com/2011/11/03/probate-court-the-largest-business-in-the-world/
Consider this, the probate court is the largest business in the world, for through its portals pass the entire wealth of the world, sooner or later.
Now, pay close attention:
In this post, I will mathematically prove this allegation. Though this well-kept secret does not appear in the Fortune 500′s list, the probate court trumps them all, including Wal-Mart, Wall Street, Bill Gates, Warren Buffet. These businesses and individuals are all dwarves compared to the probate court.
Follow carefully, for this will help the reader understand and comprehend the magnitude of the “business of the court”, specifically the probate court.
Now, before I lay out a hypothetical (ball-park) figure of the gross annual income of the probate court, you must understand that the probate court is the most unaccounted for court; for there is typically no jury, no oversight and a judge vested with an authority that is typically void of credibility to adjudicate the matters before their court. If they are not in possession of mathematical credentials and certification that surpass those of its practitioners, then what credentials must they possess to be qualified for the probate bench? A superior knowledge of the law should be a given. Yet, with factoring in an almost unaccounted for court overseeing the largest business in the world, it invites corruption, and a subversion of the law becomes a rule as opposed to the exception.
Let me interject here that in Davidson County, TN, where the 7th Circuit Court’s bench is occupied by a man who, from inside information, graduated in the lower half of his class from Nashville School of Law, Judge Randy Kennedy is not a scholar, but a politician, and this further invites and suggests lack of interest in the citizenry and favor towards its practitioners and all state agencies that do business in the court, including our Attorney General, Robert E. Cooper, Jr. (we will present evidence in a future post that puts Cooper and Kennedy “in bed” together, thus no accountability from our highest state law enforcement public servant).
Judge Jim Everett, two probate judges back, committed suicide in the home of notorious organized corruption king-pin Jimmy Lewis’ home, when the TBI (Tennessee Bureau of Investigation) initiated investigations into his actions that are insignificant compared to the corruption Judge Randy Kennedy facilitates and cooperates in routinely. Judge Kennedy is tied directly to Jimmy Lewis, as is Paul Housch, Adam Dread, all one-time attorneys for Jimmy Lewis. There are other probate practitioners attached to this world of organized corruption.
Judge Jim Everett Suicide–Nashville Scene, January 18, 1996
http://www.nashvillescene.com/nashville/desperately-seeking-the-news/Content?oid=1180198
Now I present the mathematical equation that represents the probate court as being the largest business in the world:
In a discussion with respected journalist and probate blogger, Lou Ann Anderson, she represented the amount of money that passes through one probate court in Houston, TX, a county that has THREE probate courts, and this is from just ONE of those courts in one county. Lou Ann Anderson’s’ testimonial must start with her involuntarily thrust into the probate hell:
“At a point, I traded in the PTO and Junior League for political activism and a‘concealed carry’ license. Who knew that EstateofDenial.com and learning more about quiet, stodgy, seemingly boring probate venues would expose a corrupt system of which the American public is largely unaware despite it posing a growing, unbridled threat to both their individual liberties and property rights.”She reports from Estate of Denial:
In October 2006, Harris County (Houston) Probate Judge Mike Wood – a controversial figure in his own right – testified before the Texas Senate Committee on Jurisprudence and offered interesting insight to the “probate business.” He told of a 1995 analysis indicating that assets and inventories filed for his approval (and not necessarily including all independently administered estate assets which also he supervises) were approximately $750 million per quarter. He said the $3 billion annual figure held true five years later. While this court was described as “probably one of the busiest probate courts in the nation,” that still is a staggering number and to extrapolate even a far-diminished dollar amount to the massive number of probate courts throughout this country helps illustrate the wealth controlled by this venue.Now, consider that Judge Randy Kennedy brags often of his court having “more conservatorships than any probate court in the state”, while Shelby County has a population of 1 million, far more populated than Davidson County.
This approximate calculation of the wealth of the probate court was presented last year at Impeach Randy Kennedy, but in the light of recent activity, it’s important to bring this issue back up.
Let’s assume every county has one probate court, though the county referred to in Estate of Denial has three probate courts. One probate court, our of three, does 3 billion/year in this county, so we’ll underestimate in our hypotheses.
According to Wikipedia, here’s the definition of a “county”, though they may have a different title in different states such as Louisiana and Alaska:
http://en.wikipedia.org/wiki/County_(United_States)
In the United States, a county is a geographic subdivision of a state (or federal territory), usually assigned some governmental authority. The term “county” is used in 48 of the 50 states; Louisiana is divided into parishes and Alaska into boroughs.[1] Parishes and boroughs are called “county-equivalents” by the U.S. Federal Government, as are certain independent cities which are not parts of counties. There are currently 3,143 counties and county-equivalents in the United States; 3,141 according to Wolfram
Alpha knowledgebase, 2011.
Now, if one of three courts has a gross annual income of 3 Billion, that would suggest 9 Billion in one county annually, and these figures come from 1995. Now, let’s multiply that times 3,143 counties or “county-equivalents“. This would gross 28,287,000,000,000.00. Let me simplify by letting you know this figure is well in excess of $28 TRILLION dollars. This figure dwarfs the GDP (Gross Domestic Product) $14.582 Trillion
http://www.google.com/publicdata/explore?ds=d5bncppjof8f9_&met_y=ny_gdp_mktp_cd&idim=country:USA&dl=en&hl=en&q=gross+domestic+product
Not to mention the USA National Debt which exceeds $14 Trillion:
http://www.usdebtclock.org/
According to this “ball-park” calculation based on numbers presented from one probate court in 1995, the gross annual income of the probate court equals the US National Debt and the Gross Domestic Product combined, approximately $28 Trillion. I believe we can assume this is a modest calculation, understating the fact.
Based upon this calculation, the probate court is not only the largest business in the United States, but this would probably hold true for any country in the world that uses the probate court to liquidate and divide the wealth of their nation.
Again, all the wealth of the world passes through probate, in a court virtually unaccounted for, benched by judges who are not certified accountants (typically), all bills are paid by the court, all attorneys are paid by the court, and the matters of the state in estate matters are adjudicated in the probate court.
Reader, are you grasping what this is telegraphing loud and clear? Do you think the “powers that be” are going to let go of these purse strings without slinging mud, ruining lives and protecting themselves by “hook or crook”? You are a fool, or just indifferent, if you think otherwise.
The probate court is the deep, dark, dirty secret of, not only our legal system, but our entire government, for in this unaccounted for court, passes the wealth of the world, houses the largest business in the world, and it can surely, and more often than not, invite corruption.
How can this “business of the court” be wrangled into accountability?
In my experience, here are the options: In Tennessee, apparently here is no hope for reform on a local or state level, for the agencies charged with investigating crimes are not inclined to take on the largest business in the world. Legislators are not going to bite the hand that feeds them. The Court of the Judiciary is not going to charge a judge for judicial misconduct when they’ve committed the same misconduct. Former Tennessee Governor Bredesen (refer to previous post) appointed Judge Randy Kennedy to run Davidson County’s largest business, so that suggests he might be in on the business of the court. Attorney General Robert E. Cooper does business in Judge Randy Kennedy’s Court (and they’ve got some side business we will reveal upcoming).
Is there federal intervention that would save us from on high?
I’m in Washington DC as I write, seeking federal intervention from the lack of integrity on a local and state level in Tennessee, but it’s hard for me to imagine that the feds are going to “bite the hand that feeds them”, though there has been traction here and I will return with a greater confidence that justice will be served.
With the constant bickering between the right and the left, which is nothing but an instrument to distract “we, the people”, from all internal atrocities, and from the fact the probate court is looting our estates before we are in the grave, my case being a prime example, “Court-Ordered Hell” , the only reasonable conclusion might be that we must overtake our government, for the voice of “we, the people” is not represented at any level, state or federal, and this MUST be of “grave” concern (pun intended). The probate purse strings will not be let go of without a fight. And the probate practitioners are the bottom feeders of the legal system, right behind ambulance chasers. These are the culprits stealing our money. WAKE UP!!! You do not want to wake up one day in this “court-ordered hell”, brought on by a protected, illegal, yet sanctioned ambush.
Our Constitution provides the right to raise a militia, used to rise up against tyranny, perfectly represented in the probate courts of America. It is truly taxation without representation, for once you are in probate, you ARE NOT represented, for all attorneys are on the probate gravy train, having their outrageous and exaggerated fees paid by the probate court, not by the client. Are you following this line of reasoning?
It may require a coup, a rising up of the patriotic spirit this nation was born from,
“Don’t tread on me”
“Give me liberty or give me death”.
In closing, the entire legal and political system has kept us in the dark as to the largest business in the world, the probate court, and in order for us to take back the power and take control of this probate industry that our leaders have not, and apparently will not, protect us from, it obviously will and must require extreme measures, by any means necessary.
I, for one, am ready to lead the charge. Who will follow? Are you an American of the patriotic spirit, or have you sold your soul to the era of thievery and greed spawned by our own “trusted” servants? Not me, not now, not ever.
You can sit on the sidelines and be a spectator, but that will not do, not now, not at this point in time in American history.
Now is the hour of truth.
I challenge you to rise up and exercise your Constitutional Rights, and lets strip our government of the tyranny that has taken over. Probate courts are Taxation Without Representation, the very movement that birthed our nation. Who will follow?
by Danny Tate
http://impeachrandykennedy.wordpress.com/2011/11/03/probate-court-the-largest-business-in-the-world/
Monday, October 31, 2011
Investigative Report - Guardian Abuse
This is old but reminds me of Josh Mitzen. At the end, it shows a personal injury lawyer turned guardian. I wonder what kind of law Josh studied? He talks like a criminal attorney and suspects everyone of exploiting the elderly and disabled. You see and meet people exactly like yourself. What you suspect in others or what you're suspicious of are the same things you'd do to the elderly. Josh had a very long list of dirty tricks.
It also says at the end that the family had to buy their loved one back. It's so sad.
Thursday, October 27, 2011
S.1744 -- Guardian Accountability and Senior Protection Act
To provide funding for State courts to assess and improve the handling of proceedings relating to adult guardianship and conservatorship, to authorize the Attorney General to carry out a pilot program for the conduct of background checks on individuals to be appointed as guardians or conservators, and to promote the widespread adoption of information technology to better monitor, report, and audit conservatorships of protected persons.
Ms. KLOBUCHAR (for herself and Mr. NELSON of Florida) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To provide funding for State courts to assess and improve the handling of proceedings relating to adult guardianship and conservatorship, to authorize the Attorney General to carry out a pilot program for the conduct of background checks on individuals to be appointed as guardians or conservators, and to promote the widespread adoption of information technology to better monitor, report, and audit conservatorships of protected persons.
SECTION 1. SHORT TITLE.
SEC. 101. FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE HANDLING OF PROCEEDINGS RELATING TO ADULT GUARDIANSHIP AND CONSERVATORSHIP.
SEC. 201. DEFINITIONS.
(2) assess the costs of conducting such background checks (including start-up and administrative costs);
(3) consider the benefits and disadvantages associated with requiring prospective guardians or conservators to pay the costs of conducting such background checks;
(4) determine the extent to which conducting such background checks leads to any unintended consequences, including a reduction in the available guardians or conservators or delay and backlogs in processing appointments;
(5) to the extent feasible, seek to determine the efficacy of the pilot program in reducing abuse of protected persons and their estate by guardians or conservators; and
(6) include other elements that would bear on the usefulness and effectiveness of the program.
(f) Funding- There are authorized to be appropriated to the Attorney General to carry out the pilot program under this section, such sums as may be necessary for the period of fiscal years 2012 through 2015.
TITLE III--E-FILE
SEC. 301. DEFINITIONS.
IN THE SENATE OF THE UNITED STATES
October 20, 2011
Ms. KLOBUCHAR (for herself and Mr. NELSON of Florida) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To provide funding for State courts to assess and improve the handling of proceedings relating to adult guardianship and conservatorship, to authorize the Attorney General to carry out a pilot program for the conduct of background checks on individuals to be appointed as guardians or conservators, and to promote the widespread adoption of information technology to better monitor, report, and audit conservatorships of protected persons.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the `Guardian Accountability and Senior Protection Act'.
TITLE I--STATE COURT IMPROVEMENT
SEC. 101. FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE HANDLING OF PROCEEDINGS RELATING TO ADULT GUARDIANSHIP AND CONSERVATORSHIP.
Part A of title IV of the Older Americans Act of 1964 (42 U.S.C. 3032 et seq.) is amended--
(1) in section 411(a)--
(A) in the matter preceding paragraph (1), by inserting `(including the highest court of each State)' after `with States';
(B) in paragraph (12), by striking `; and' and inserting a semicolon;
(C) by redesignating paragraph (13) as paragraph (14); and
(D) by inserting after paragraph (12) the following:
(13) assessing the fairness, effectiveness, timeliness, and accessibility of adult guardianship and conservatorship proceedings, implementing changes deemed necessary as a result of the assessments, and collecting necessary data regarding those proceedings and the impact of the necessary changes; and'; and
`SEC. 423. FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE HANDLING OF PROCEEDINGS RELATING TO ADULT GUARDIANSHIP AND CONSERVATORSHIP.(2) by inserting at the end the following:
(a) In General- The Assistant Secretary, in consultation with the Attorney General, shall make grants, in accordance with this section, to the highest court of a State for the purpose of enabling such a court, in collaboration with the State unit on aging--
(1) to conduct assessments, in accordance with such requirements as the Secretary shall publish, of the role, responsibilities, and effectiveness of State courts in carrying out State laws requiring proceedings (conducted by or under the supervision of the courts)--
`(A) that determine whether to impose a full, limited, or temporary adult guardianship or conservatorship;
`(B) that select a guardian of a person or conservator of an estate;
`(C) that review the continued need for a full, limited, or temporary guardianship or conservatorship of an adult; and
`(D) that review the performance of a person appointed as guardian or conservator for an adult;
`(2) to implement changes deemed necessary as a result of the assessments; and
`(3) to collect data regarding those proceedings and the impact of the necessary changes.
`(b) Applications- In order to be eligible for a grant under this section, a highest State court shall submit to the Assistant Secretary an application at such time, in such form, and including such information and assurances as the Assistant Secretary shall require.
`(c) Allotments- Each highest State court which has an application approved under subsection (b), and is conducting assessment activities in accordance with this section, may receive a grant from the Assistant Secretary, for each of fiscal years 2012 through 2015, from amounts appropriated to carry out section 411, in an amount to be determined appropriate by the Assistant Secretary.
`(d) Use of Grant Funds- Each highest State court which receives funds under this section may use such funds to pay--
`(1) any or all costs of activities under this section in fiscal year 2012; and
`(2) not more than 75 percent of the cost of activities under this section in each of fiscal years 2013, 2014, and 2015.'.
TITLE II--BACKGROUND CHECKS
SEC. 201. DEFINITIONS.
In this title:
(1) ADVERSE INFORMATION- The term `adverse information' means--
(A) information from a criminal history background check that indicates that the individual has been convicted of a relevant crime;
(B) information that the individual has been judicially determined to have committed abuse, abandonment, neglect, or financial or sexual exploitation of a child, spouse, or other adult; and
(C) information from an adult or child abuse registry that indicates that the individual is included in an adult or child abuse registry.
(2) CONSERVATOR- The term `conservator' means an individual who is appointed by a court under applicable State law to manage the estate of a protected person. Such definition shall not apply to--
(A) a bank with trust powers, bank and trust company, or trust company organized under the laws of any State or of the United States and which is regulated by the commissioner of commerce or a Federal regulator; or
(B) a credit union, savings and loan, or other financial institution.
(3) GUARDIAN- The term `guardian' means an individual who is appointed by a court to protect an incapacitated individual's personal or financial welfare.
(4) PROTECTED PERSON- The term `protected person' means an adult whom the court determines in a guardian or conservatorship proceeding is unable to manage property and accounts.
SEC. 202. PILOT PROGRAM FOR NATIONAL AND STATE BACKGROUND CHECKS OF GUARDIANS AND CONSERVATORS.(5) RELEVANT CRIME- The term `Relevant crime' includes any felony or misdemeanor conviction for abuse, neglect, fraud, misappropriation, misrepresentation, theft, conversion, or other financial crime, or such other types of offenses as a participating highest court of a State may specify for purposes of conducting the pilot program in such State.
(a) Authority To Conduct Program- The Attorney General, shall establish a pilot program to identify efficient, effective, and economical procedures for State courts to conduct background checks on prospective guardians and conservators.
(b) Requirements-
(1) REQUIREMENT TO CONDUCT BACKGROUND CHECKS- Under the pilot program under subsection (a), a State court, prior to appointing a prospective guardian or conservator on or after the commencement date of the State pilot program, shall conduct a background check on the guardian or conservator in accordance with such procedures as the participating State shall establish pursuant to paragraph (2).
(2) PROCEDURES- The procedures established by a participating highest State court under paragraph (1) shall be designed to--
(A) provide a prospective guardian or conservator with notice that the appointing court is required to perform background checks with respect to prospective guardians or conservators;
(B) require, as a condition of appointment, that the prospective guardian or conservator--
(i) provide a statement signed by the prospective guardian or conservator authorizing the appointing court to request national and State criminal history background checks;
(ii) provide the appointing court with a set of the prospective guardian's or conservator's fingerprints; and
(iii) provide information as to whether the individual has been suspended or disbarred from law, accounting, or other professional licensing for misconduct involving financial matters that affect the ability of the individual to provide the services of a guardian or conservator safely and competently;
(C) permit the courts to check any available State and national registries that would be likely to contain adverse information concerning a prospective guardian or conservator; and
(D) permit the courts hearing guardian or conservatorship matters to obtain State and national criminal history background checks on the prospective guardian or conservator.
(3) CONSIDERATION OF INFORMATION- Prior to appointing an individual with respect to whom adverse information is available as a guardian or conservator under a program under this title, the appointing court shall consider the nature of the information or offense involved, the date of any offense, and evidence of the proposed guardian's or conservator's rehabilitation and determine whether the individual's appointment is in the best interest of the protected person.
(4) USE OF INFORMATION; IMMUNITY FROM LIABILITY- A participating highest State court shall ensure that information obtained about the prospective guardian or conservator pursuant to a background check conducted under the State supreme court pilot program is used only for the purpose of determining the suitability of the prospective guardian or conservator for appointment.
(c) Participating States-
(1) IN GENERAL- The Attorney General shall enter into agreements with not more than 5 States to conduct the pilot program under this section in such States.
(2) REQUIREMENTS- An agreement entered into under paragraph (1) shall require that a participating highest State court--
(A) be responsible for monitoring compliance with the requirements of the pilot program;
(B) have procedures by which a prospective guardian or conservator may appeal or dispute the accuracy of the information obtained in a background check, including consideration of the nature of the information or offense involved, the date of offense, and the evidence of the prospective guardian's or conservator's rehabilitation;
(C) establish procedures requiring the courts hearing guardian or conservatorship matters to request criminal history background checks of prospective guardians or conservators and review the results of any State or national criminal history background check regarding a prospective guardian or conservator to determine whether the prospective guardian or conservator has any conviction for a relevant crime;
(D) keep data on the background checks performed to be readily accessible for the evaluation; and
(E) agree to obtain from the State, non-Federal contributions, in cash or in-kind, toward the costs of carrying out the pilot program in an amount equal to not less than $1 for each $4 of Federal funds provided to the court under this section.
(3) APPLICATION AND SELECTION CRITERIA-
(A) APPLICATION- The highest State court seeking to participate in the pilot program established under this section, shall submit an application to the Attorney General containing such information and at such time as the Attorney General may specify.
(B) SELECTION CRITERIA-
(i) IN GENERAL- In selecting highest State court to participate in the pilot program under this section, the Attorney General shall establish criteria to ensure--
(I) geographic diversity;
(II) the consideration of a variety of payment mechanisms for covering the costs of conducting the background checks required under the pilot program; and
(III) that at least one participating highest State court includes protected person abuse prevention training for prospective guardians or conservators as part of the pilot program conducted in that State.
(ii) INCLUSION OF STATES WITH EXISTING PROGRAMS- Nothing in this section shall be construed as prohibiting any State which, as of the date of the enactment of this Act, has procedures for conducting background checks with respect to the appointment of guardians or conservators from being selected to participate in the pilot program conducted under this section.
(d) Payments- Of the amounts made available under subsection (f) to conduct the pilot program under this section, the Attorney General shall--
(1) make payments to participating highest State courts for the costs of conducting the pilot program in such States which may include the administration of the pilot program, staffing, the cost of background checks, and other purposes as determined by the Attorney General; and
(2) reserve up to 4 percent of such amounts to conduct the evaluation required under subsection (e).
(1) review the various procedures implemented by participating highest State courts for the conduct of background checks of prospective guardians or conservators and identify the most efficient, effective, and economical procedures for conducting such background checks;(e) Evaluation- The Attorney General shall, through grant, contract, or interagency agreement, conduct an evaluation of the pilot program conducted under this section. Such evaluation should
(2) assess the costs of conducting such background checks (including start-up and administrative costs);
(3) consider the benefits and disadvantages associated with requiring prospective guardians or conservators to pay the costs of conducting such background checks;
(4) determine the extent to which conducting such background checks leads to any unintended consequences, including a reduction in the available guardians or conservators or delay and backlogs in processing appointments;
(5) to the extent feasible, seek to determine the efficacy of the pilot program in reducing abuse of protected persons and their estate by guardians or conservators; and
(6) include other elements that would bear on the usefulness and effectiveness of the program.
(f) Funding- There are authorized to be appropriated to the Attorney General to carry out the pilot program under this section, such sums as may be necessary for the period of fiscal years 2012 through 2015.
TITLE III--E-FILE
SEC. 301. DEFINITIONS.
In this title:
(1) ADULT- The term `adult' means an individual who is 18 years of age or older.
(2) CONSERVATOR- The term `conservator' means an individual who is appointed by a court under applicable State law to manage the estate of a protected person.
(3) EXPLOITATION- The term `exploitation' means the fraudulent or otherwise illegal, unauthorized, or improper act or process of a conservator that uses the resources of a protected person for the conservator's monetary or personal benefit, profit, or gain, or that results in depriving a protected person of rightful access to, or use of, benefits, resources, belongings, services or assets.
(4) GUARDIAN- The term `guardian' means an individual who is appointed by a court to protect an incapacitated individual's personal or financial welfare.
(5) HIGHEST STATE COURT- The term `highest State court' means the highest appellate court within a State.
SEC. 302. CONSERVATOR MONITORING GRANT PROGRAM.(6) PROTECTED PERSON- The term `protected person' means an adult whom the court determines in a guardian or conservatorship proceeding is unable to manage property and accounts.
(a) Grants-
(1) IN GENERAL- The State Justice Institute, pursuant to the authority provided in the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.), may award grants to eligible highest State courts to assist in improving conservator monitoring efforts through electronic filing.
(2) DURATION- Grants awarded under paragraph (1) shall be for a period of not to exceed 3 years.
(b) Use of Funds-
(1) IN GENERAL- Amounts received under a grant awarded under subsection (a) shall be used to implement and evaluate the impact of systems enabling the annual accountings and other required conservatorship filings to be completed, filed, reviewed, and analyzed electronically in order to simplify the filing process for conservators and better enable the courts to identify discrepancies and detect fraud and exploitation of protected persons.
(2) ALLOCATION- A highest State court that receives a grant under this section shall prioritize the use of the grant funds so as to assist the greatest number of conservators and protect the greatest number of protected persons.
(c) Application- A highest State court desiring a grant under subsection (a)(1) shall submit an application to the State Justice Institute at such time, in such manner, and accompanied by such information as the State Justice Institute may require.SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the State Justice Institute to carry out the activities under this title, such sums as may be necessary for the period of fiscal years 2012 through 2015.
Saturday, October 22, 2011
Senators Introduce Bill Cracking Down on Elder Abuse
Two Democratic senators have introduced legislation that would strengthen protections for seniors against abuse and fraud through court-appointed guardians and conservators.
The Guardian Accountability and Senior Protection Act would protect seniors and persons with disabilities from neglet and financial exploitation by improving oversight and accountability for guardians and conservators at state and federal levels.
“While the vast majority of court-appointed guardians are undoubtedly professional, well-meaning and law-abiding, there is mounting evidence that some guardians use their position of power for their own gain, at the expense of the very people they were supposed to be looking out for,” said Amy Klobuchar (D-Minn.), who introduced the bill along with Bill Nelson (D-Fla.).
The legislation would provide support to states to implement programs to increase oversight of long-term caregivers, and calls for state courts to assess the handling of proceedings relating to guardianship and conservatives before making recommendations for best practices.
It would also help state courts implement an electronic filing system and a pilot program to conduct national and state criminal background checks in order to better monitor, report and audit conservatorships sand guardianships.
In 2010, the Government Accountability Office (GAO) released a report identifying hundreds of allegations of physical abuse, neglect, and financial exploitation by guardians in 45 states and D.C. that had occurred in the previous 20 years. In 20 of those cases that GAO reviewed, guardians had stolen or improperly obtained $5.4 million from 158 incapacitated victims, many of whom were older adults.
In a recent hearing on guardian abuse chaired by Klobuchar in the Senate Judiciary Subcommittee on Administrative Oversight and the Courts, the senator called for more accountability and oversight of court-appointed guardians to ensure seniors’ safety and proper care.
Written by Alyssa Gerace
http://reversemortgagedaily.com/2011/10/20/senators-introduce-bill-cracking-down-on-elder-abuse/
S1744
Title l - Provides funding to state courts to assess and improve adult guardianships.
Title ll - Background checks for conservators (and I'm not sure what this is going to do to stop a bank trustee from overzealous spending?)
Title lll - Electronic Filing System (which just might stop a bank trustee from overzealous spending.)
The Guardian Accountability and Senior Protection Act would protect seniors and persons with disabilities from neglet and financial exploitation by improving oversight and accountability for guardians and conservators at state and federal levels.
“While the vast majority of court-appointed guardians are undoubtedly professional, well-meaning and law-abiding, there is mounting evidence that some guardians use their position of power for their own gain, at the expense of the very people they were supposed to be looking out for,” said Amy Klobuchar (D-Minn.), who introduced the bill along with Bill Nelson (D-Fla.).
The legislation would provide support to states to implement programs to increase oversight of long-term caregivers, and calls for state courts to assess the handling of proceedings relating to guardianship and conservatives before making recommendations for best practices.
It would also help state courts implement an electronic filing system and a pilot program to conduct national and state criminal background checks in order to better monitor, report and audit conservatorships sand guardianships.
In 2010, the Government Accountability Office (GAO) released a report identifying hundreds of allegations of physical abuse, neglect, and financial exploitation by guardians in 45 states and D.C. that had occurred in the previous 20 years. In 20 of those cases that GAO reviewed, guardians had stolen or improperly obtained $5.4 million from 158 incapacitated victims, many of whom were older adults.
In a recent hearing on guardian abuse chaired by Klobuchar in the Senate Judiciary Subcommittee on Administrative Oversight and the Courts, the senator called for more accountability and oversight of court-appointed guardians to ensure seniors’ safety and proper care.
Written by Alyssa Gerace
http://reversemortgagedaily.com/2011/10/20/senators-introduce-bill-cracking-down-on-elder-abuse/
S1744
Title l - Provides funding to state courts to assess and improve adult guardianships.
Title ll - Background checks for conservators (and I'm not sure what this is going to do to stop a bank trustee from overzealous spending?)
Title lll - Electronic Filing System (which just might stop a bank trustee from overzealous spending.)
Sunday, October 9, 2011
Predators in Advocates Clothing
These predators appear in a variety of “disguises”, but are as guilty of exploitation as the predators within the probate courts where C/G are adjudicated. They, too, are wolves in sheep clothing, sociopaths who believe their own lies (until exposed) and used the same tactics that the probate court utilizes in their efforts to exploit and ruin, while always proclaiming themselves “saviors”; all the while positioning themselves in a an attempt to take credit for anything accomplished by those with sincere motives.
Most of them have re-written history or “created a history” for themselves (utterly false information to infiltrate the ranks which is just one trait of the con artist), in the form of bogus resumes, curriculum vitae, made up stories proclaiming being a victim of abuse (in C/G), false claims of prior successes, a certain amount of knowledge of C/G to “talk the talk”, and the list goes on.
Read the rest.... here.
(C/G Conservator/Guardianship)
Most of them have re-written history or “created a history” for themselves (utterly false information to infiltrate the ranks which is just one trait of the con artist), in the form of bogus resumes, curriculum vitae, made up stories proclaiming being a victim of abuse (in C/G), false claims of prior successes, a certain amount of knowledge of C/G to “talk the talk”, and the list goes on.
Read the rest.... here.
(C/G Conservator/Guardianship)
Thursday, September 29, 2011
Senator Klobuchar Chairs Hearing on Protecting Seniors
Washington, D.C. – U.S. Sen. Amy Klobuchar yesterday (Thursday, Sept./ 22) held a hearing on protecting seniors and persons with disabilities from abuse and neglect by guardians.
A recent report from the Government Accountability Office (GAO) revealed hundreds of allegations of abuse, neglect, and financial exploitation of seniors and persons with disabilities by court-appointed guardians.
During the hearing, Klobuchar called for more accountability and oversight of court-appointed guardians to ensure that seniors are safe and receive the care they deserve. Klobuchar chairs the Senate Judiciary Subcommittee on Administrative Oversight and the Courts.
“While the vast majority of court-appointed guardians are professional, well-meaning, and law-abiding, there is mounting evidence that some guardians use their position of power for their own gain at the expense of the very people they were supposed to be looking out for. That’s just not right,” Klobuchar said. “This hearing is an opportunity to find potential solutions to increase accountability and oversight of guardians and keep seniors safe.”
Klobuchar invited Minnesota State Ombudsman Deb Holtz to testify at the hearing. Holtz serves as the State Ombudsman for Long-Term Care, a service of the Minnesota Board on Aging, and is the top consumer advocate for thousands of elderly Minnesotans.
“We know from experience, unfortunately, that many people are being ill-served by their guardians and conservators. We also know that many court systems simply lack the resources to effectively monitor this enormous system,” Holtz said. “We are very supportive of Senator Klobuchar’s action to now take on this issue at the federal level. It should be a given that we all age without any abuse, neglect, or financial exploitation and that our lives will continue to be filled with dignity.”
A 2010 report from the GAO identified hundreds of allegations of physical abuse, neglect, and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. The report reviewed 20 of these cases and found that guardians had stolen or otherwise improperly obtained $5.4 million from 158 incapacitated victims, many of whom were older adults.
Another recent GAO report, which assessed state court procedures for screening and monitoring potential fiduciaries and guardians, revealed that while many states have some sort of screening procedures in place, only 13 states require guardians to undergo independent criminal background checks before being appointed and only nine states explicitly prohibit convicted felons from serving as guardians.
In addition to Holtz, other witnesses that testified at the hearing included Kay Brown, Director of the GAO’s Education, Workforce and Income Security team; Naomi Karp, Strategic Policy Advisor for the AARP Public Policy Institute; Robert Baldwin, Executive Vice President and General Counsel for the National Center for State Courts; and Michelle Hollister, Managing Partner at Solkoff Legal, P.A., and former Executive Director of the Florida Statewide Public Guardianship Office.
You can read the story here
A recent report from the Government Accountability Office (GAO) revealed hundreds of allegations of abuse, neglect, and financial exploitation of seniors and persons with disabilities by court-appointed guardians.
During the hearing, Klobuchar called for more accountability and oversight of court-appointed guardians to ensure that seniors are safe and receive the care they deserve. Klobuchar chairs the Senate Judiciary Subcommittee on Administrative Oversight and the Courts.
“While the vast majority of court-appointed guardians are professional, well-meaning, and law-abiding, there is mounting evidence that some guardians use their position of power for their own gain at the expense of the very people they were supposed to be looking out for. That’s just not right,” Klobuchar said. “This hearing is an opportunity to find potential solutions to increase accountability and oversight of guardians and keep seniors safe.”
Klobuchar invited Minnesota State Ombudsman Deb Holtz to testify at the hearing. Holtz serves as the State Ombudsman for Long-Term Care, a service of the Minnesota Board on Aging, and is the top consumer advocate for thousands of elderly Minnesotans.
“We know from experience, unfortunately, that many people are being ill-served by their guardians and conservators. We also know that many court systems simply lack the resources to effectively monitor this enormous system,” Holtz said. “We are very supportive of Senator Klobuchar’s action to now take on this issue at the federal level. It should be a given that we all age without any abuse, neglect, or financial exploitation and that our lives will continue to be filled with dignity.”
A 2010 report from the GAO identified hundreds of allegations of physical abuse, neglect, and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. The report reviewed 20 of these cases and found that guardians had stolen or otherwise improperly obtained $5.4 million from 158 incapacitated victims, many of whom were older adults.
Another recent GAO report, which assessed state court procedures for screening and monitoring potential fiduciaries and guardians, revealed that while many states have some sort of screening procedures in place, only 13 states require guardians to undergo independent criminal background checks before being appointed and only nine states explicitly prohibit convicted felons from serving as guardians.
In addition to Holtz, other witnesses that testified at the hearing included Kay Brown, Director of the GAO’s Education, Workforce and Income Security team; Naomi Karp, Strategic Policy Advisor for the AARP Public Policy Institute; Robert Baldwin, Executive Vice President and General Counsel for the National Center for State Courts; and Michelle Hollister, Managing Partner at Solkoff Legal, P.A., and former Executive Director of the Florida Statewide Public Guardianship Office.
You can read the story here
Saturday, September 24, 2011
Duties of the Estate Guardian
(755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
Obviously, Sally Griffin and Rick Block missed this law. I don't think these two know the meaning of frugal. Of course, Sally is no longer there and who knows? Maybe the new one knows what her job entails and can keep Rick in line?
(a) To the extent specified in the order establishing the guardianship, the guardian of the estate shall have the care, management and investment of the estate, shall manage the estate frugally and shall apply the income and principal of the estate so far as necessary for the comfort and suitable support and education of the ward, his minor and adult dependent children, and persons related by blood or marriage who are dependent upon or entitled to support from him, or for any other purpose which the court deems to be for the best interests of the ward, and the court may approve the making on behalf of the ward of such agreements as the court determines to be for the ward's best interests. The guardian may make disbursement of his ward's funds and estate directly to the ward or other distributee or in such other manner and in such amounts as the court directs. If the estate of a ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance or other similar benefits made directly to the estate by the Veterans Administration, notice of the application for leave to invest or expend the ward's funds or estate, together with a copy of the petition and proposed order, shall be given to the Veterans' Administration Regional Office in this State at least 7 days before the hearing on the application.
(a-5) The probate court, upon petition of a guardian, other than the guardian of a minor, and after notice to all other persons interested as the court directs, may authorize the guardian to exercise any or all powers over the estate and business affairs of the ward that the ward could exercise if present and not under disability. The court may authorize the taking of an action or the application of funds not required for the ward's current and future maintenance and support in any manner approved by the court as being in keeping with the ward's wishes so far as they can be ascertained. The court must consider the permanence of the ward's disabling condition and the natural objects of the ward's bounty. In ascertaining and carrying out the ward's wishes the court may consider, but shall not be limited to, minimization of State or federal income, estate, or inheritance taxes; and providing gifts to charities, relatives, and friends that would be likely recipients of donations from the ward. The ward's wishes as best they can be ascertained shall be carried out, whether or not tax savings are involved. Actions or applications of funds may include, but shall not be limited to, the following:
(1) making gifts of income or principal, or both, of the estate, either outright or in trust;
(2) conveying, releasing, or disclaiming his or her contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety;
(3) releasing or disclaiming his or her powers as trustee, personal representative, custodian for minors, or guardian;
(4) exercising, releasing, or disclaiming his or her powers as donee of a power of appointment;
(5) entering into contracts;
(6) creating for the benefit of the ward or others,
(Nothinig is to the benefit of Devon Bank's clients or wards. The people they hire benefit the most. They inherit the entire estate.)
revocable or irrevocable trusts of his or her property that may extend beyond his or her disability or life;
(7) exercising options of the ward to purchase or exchange securities or other property;
(8) exercising the rights of the ward to elect benefit or payment options, to terminate, to change beneficiaries or ownership, to assign rights, to borrow, or to receive cash value in return for a surrender of rights under any one or more of the following:
(i) life insurance policies, plans, or benefits,
(ii) annuity policies, plans, or benefits,
(iii) mutual fund and other dividend investment plans,
(iv) retirement, profit sharing, and employee welfare plans and benefits;
(9) exercising his or her right to claim or disclaim an elective share in the estate of his or her deceased spouse and to renounce any interest by testate or intestate succession or by inter vivos transfer;
(10) changing the ward's residence or domicile; or
(11) modifying by means of codicil or trust amendment the terms of the ward's will or any revocable trust created by the ward, as the court may consider advisable in light of changes in applicable tax laws.
The guardian in his or her petition shall briefly outline the action or application of funds for which he or she seeks approval, the results expected to be accomplished thereby, and the tax savings, if any, expected to accrue. The proposed action or application of funds may include gifts of the ward's personal property or real estate, but transfers of real estate shall be subject to the requirements of Section 20 of this Act. Gifts may be for the benefit of prospective legatees, devisees, or heirs apparent of the ward or may be made to individuals or charities in which the ward is believed to have an interest. The guardian shall also indicate in the petition that any planned disposition is consistent with the intentions of the ward insofar as they can be ascertained, and if the ward's intentions cannot be ascertained, the ward will be presumed to favor reduction in the incidents of various forms of taxation and the partial distribution of his or her estate as provided in this subsection. The guardian shall not, however, be required to include as a beneficiary or fiduciary any person who he has reason to believe would be excluded by the ward. A guardian shall be required to investigate and pursue a ward's eligibility for governmental benefits.
(b) Upon the direction of the court which issued his letters, a guardian may perform the contracts of his ward which were legally subsisting at the time of the commencement of the ward's disability. The court may authorize the guardian to execute and deliver any bill of sale, deed or other instrument.
(c) The guardian of the estate of a ward shall appear for and represent the ward in all legal proceedings unless another person is appointed for that purpose as guardian or next friend. This does not impair the power of any court to appoint a guardian ad litem or next friend to defend the interests of the ward in that court, or to appoint or allow any person as the next friend of a ward to commence, prosecute or defend any proceeding in his behalf. Without impairing the power of the court in any respect, if the guardian of the estate of a ward and another person as next friend shall appear for and represent the ward in a legal proceeding in which the compensation of the attorney or attorneys representing the guardian and next friend is solely determined under a contingent fee arrangement, the guardian of the estate of the ward shall not participate in or have any duty to review the prosecution of the action, to participate in or review the appropriateness of any settlement of the action, or to participate in or review any determination of the appropriateness of any fees awarded to the attorney or attorneys employed in the prosecution of the action.
(d) Adjudication of disability shall not revoke or otherwise terminate a trust which is revocable by the ward. A guardian of the estate shall have no authority to revoke a trust that is revocable by the ward, except that the court may authorize a guardian to revoke a Totten trust or similar deposit or withdrawable capital account in trust to the extent necessary to provide funds for the purposes specified in paragraph (a) of this Section. If the trustee of any trust for the benefit of the ward has discretionary power to apply income or principal for the ward's benefit, the trustee shall not be required to distribute any of the income or principal to the guardian of the ward's estate, but the guardian may bring an action on behalf of the ward to compel the trustee to exercise the trustee's discretion or to seek relief from an abuse of discretion. This paragraph shall not limit the right of a guardian of the estate to receive accountings from the trustee on behalf of the ward.
(e) Absent court order pursuant to the Illinois Power of Attorney Act directing a guardian to exercise powers of the principal under an agency that survives disability, the guardian will have no power, duty or liability with respect to any property subject to the agency. This subsection (e) applies to all agencies, whenever and wherever executed.
(f) Upon petition by any interested person (including the standby or short-term guardian), with such notice to interested persons as the court directs and a finding by the court that it is in the best interest of the disabled person, the court may terminate or limit the authority of a standby or short-term guardian or may enter such other orders as the court deems necessary to provide for the best interest of the disabled person. The petition for termination or limitation of the authority of a standby or short-term guardian may, but need not, be combined with a petition to have another guardian appointed for the disabled person.
(Source: P.A. 95-331, eff. 8-21-07.)
There is nothing said in this law about a trustee who is incapable of performing these duties.
Obviously, Sally Griffin and Rick Block missed this law. I don't think these two know the meaning of frugal. Of course, Sally is no longer there and who knows? Maybe the new one knows what her job entails and can keep Rick in line?
(a) To the extent specified in the order establishing the guardianship, the guardian of the estate shall have the care, management and investment of the estate, shall manage the estate frugally and shall apply the income and principal of the estate so far as necessary for the comfort and suitable support and education of the ward, his minor and adult dependent children, and persons related by blood or marriage who are dependent upon or entitled to support from him, or for any other purpose which the court deems to be for the best interests of the ward, and the court may approve the making on behalf of the ward of such agreements as the court determines to be for the ward's best interests. The guardian may make disbursement of his ward's funds and estate directly to the ward or other distributee or in such other manner and in such amounts as the court directs. If the estate of a ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance or other similar benefits made directly to the estate by the Veterans Administration, notice of the application for leave to invest or expend the ward's funds or estate, together with a copy of the petition and proposed order, shall be given to the Veterans' Administration Regional Office in this State at least 7 days before the hearing on the application.
(a-5) The probate court, upon petition of a guardian, other than the guardian of a minor, and after notice to all other persons interested as the court directs, may authorize the guardian to exercise any or all powers over the estate and business affairs of the ward that the ward could exercise if present and not under disability. The court may authorize the taking of an action or the application of funds not required for the ward's current and future maintenance and support in any manner approved by the court as being in keeping with the ward's wishes so far as they can be ascertained. The court must consider the permanence of the ward's disabling condition and the natural objects of the ward's bounty. In ascertaining and carrying out the ward's wishes the court may consider, but shall not be limited to, minimization of State or federal income, estate, or inheritance taxes; and providing gifts to charities, relatives, and friends that would be likely recipients of donations from the ward. The ward's wishes as best they can be ascertained shall be carried out, whether or not tax savings are involved. Actions or applications of funds may include, but shall not be limited to, the following:
(1) making gifts of income or principal, or both, of the estate, either outright or in trust;
(2) conveying, releasing, or disclaiming his or her contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety;
(3) releasing or disclaiming his or her powers as trustee, personal representative, custodian for minors, or guardian;
(4) exercising, releasing, or disclaiming his or her powers as donee of a power of appointment;
(5) entering into contracts;
(6) creating for the benefit of the ward or others,
(Nothinig is to the benefit of Devon Bank's clients or wards. The people they hire benefit the most. They inherit the entire estate.)
revocable or irrevocable trusts of his or her property that may extend beyond his or her disability or life;
(7) exercising options of the ward to purchase or exchange securities or other property;
(8) exercising the rights of the ward to elect benefit or payment options, to terminate, to change beneficiaries or ownership, to assign rights, to borrow, or to receive cash value in return for a surrender of rights under any one or more of the following:
(i) life insurance policies, plans, or benefits,
(ii) annuity policies, plans, or benefits,
(iii) mutual fund and other dividend investment plans,
(iv) retirement, profit sharing, and employee welfare plans and benefits;
(9) exercising his or her right to claim or disclaim an elective share in the estate of his or her deceased spouse and to renounce any interest by testate or intestate succession or by inter vivos transfer;
(10) changing the ward's residence or domicile; or
(11) modifying by means of codicil or trust amendment the terms of the ward's will or any revocable trust created by the ward, as the court may consider advisable in light of changes in applicable tax laws.
The guardian in his or her petition shall briefly outline the action or application of funds for which he or she seeks approval, the results expected to be accomplished thereby, and the tax savings, if any, expected to accrue. The proposed action or application of funds may include gifts of the ward's personal property or real estate, but transfers of real estate shall be subject to the requirements of Section 20 of this Act. Gifts may be for the benefit of prospective legatees, devisees, or heirs apparent of the ward or may be made to individuals or charities in which the ward is believed to have an interest. The guardian shall also indicate in the petition that any planned disposition is consistent with the intentions of the ward insofar as they can be ascertained, and if the ward's intentions cannot be ascertained, the ward will be presumed to favor reduction in the incidents of various forms of taxation and the partial distribution of his or her estate as provided in this subsection. The guardian shall not, however, be required to include as a beneficiary or fiduciary any person who he has reason to believe would be excluded by the ward. A guardian shall be required to investigate and pursue a ward's eligibility for governmental benefits.
(b) Upon the direction of the court which issued his letters, a guardian may perform the contracts of his ward which were legally subsisting at the time of the commencement of the ward's disability. The court may authorize the guardian to execute and deliver any bill of sale, deed or other instrument.
(c) The guardian of the estate of a ward shall appear for and represent the ward in all legal proceedings unless another person is appointed for that purpose as guardian or next friend. This does not impair the power of any court to appoint a guardian ad litem or next friend to defend the interests of the ward in that court, or to appoint or allow any person as the next friend of a ward to commence, prosecute or defend any proceeding in his behalf. Without impairing the power of the court in any respect, if the guardian of the estate of a ward and another person as next friend shall appear for and represent the ward in a legal proceeding in which the compensation of the attorney or attorneys representing the guardian and next friend is solely determined under a contingent fee arrangement, the guardian of the estate of the ward shall not participate in or have any duty to review the prosecution of the action, to participate in or review the appropriateness of any settlement of the action, or to participate in or review any determination of the appropriateness of any fees awarded to the attorney or attorneys employed in the prosecution of the action.
(d) Adjudication of disability shall not revoke or otherwise terminate a trust which is revocable by the ward. A guardian of the estate shall have no authority to revoke a trust that is revocable by the ward, except that the court may authorize a guardian to revoke a Totten trust or similar deposit or withdrawable capital account in trust to the extent necessary to provide funds for the purposes specified in paragraph (a) of this Section. If the trustee of any trust for the benefit of the ward has discretionary power to apply income or principal for the ward's benefit, the trustee shall not be required to distribute any of the income or principal to the guardian of the ward's estate, but the guardian may bring an action on behalf of the ward to compel the trustee to exercise the trustee's discretion or to seek relief from an abuse of discretion. This paragraph shall not limit the right of a guardian of the estate to receive accountings from the trustee on behalf of the ward.
(e) Absent court order pursuant to the Illinois Power of Attorney Act directing a guardian to exercise powers of the principal under an agency that survives disability, the guardian will have no power, duty or liability with respect to any property subject to the agency. This subsection (e) applies to all agencies, whenever and wherever executed.
(f) Upon petition by any interested person (including the standby or short-term guardian), with such notice to interested persons as the court directs and a finding by the court that it is in the best interest of the disabled person, the court may terminate or limit the authority of a standby or short-term guardian or may enter such other orders as the court deems necessary to provide for the best interest of the disabled person. The petition for termination or limitation of the authority of a standby or short-term guardian may, but need not, be combined with a petition to have another guardian appointed for the disabled person.
(Source: P.A. 95-331, eff. 8-21-07.)
There is nothing said in this law about a trustee who is incapable of performing these duties.
Saturday, September 10, 2011
Bank Ratings
http://www.thestreet.com/bank-safety/index.html?src=ratingsindex&tab=3
Whether you're managing your employer's funds, a client's savings, or simply looking out for your own well-being, Weiss Ratings is the place to turn for identifying the truly safest financial institutions you'll want to do business with.
Every quarter, we monitor the financial strength of 9,000 commercial banks, savings banks, and savings and loans across the nation. We then issue Financial Strength Ratings based on our analysts' review of publicly available regulatory filings provided by SNL Financial LC.
Unlike the other bank rating agencies, our rating scale is extremely straightforward and easy to understand. There are no complicated number grades to interpret, no colored paper to decode, and no stars to count. Instead, you get a simple, intuitive letter grade that immediately identifies the wheat from the chaff.
A weak bank or thrift represents a potential for financial loss to its depositors, as well as a number of headaches and hassles for both its depositors and borrowers. And if a failed institution is taken over by another bank, customers can be forced to accept lower interest rates on their CDs or even lose an existing line of credit.
That's why it is important to check the financial security offered by a financial institution prior to opening an account and then periodically monitor the company's condition going forward. Low-rated banks and thrifts should be avoided in favor of highly rated companies.
Of course, I had to check Devon Bank to see how they rank. They have a D- which means that their financial strength is weak.
Evaluate Your Bank's Financial Strength with Weiss Ratings
Whether you're managing your employer's funds, a client's savings, or simply looking out for your own well-being, Weiss Ratings is the place to turn for identifying the truly safest financial institutions you'll want to do business with.
Every quarter, we monitor the financial strength of 9,000 commercial banks, savings banks, and savings and loans across the nation. We then issue Financial Strength Ratings based on our analysts' review of publicly available regulatory filings provided by SNL Financial LC.
Unlike the other bank rating agencies, our rating scale is extremely straightforward and easy to understand. There are no complicated number grades to interpret, no colored paper to decode, and no stars to count. Instead, you get a simple, intuitive letter grade that immediately identifies the wheat from the chaff.
A weak bank or thrift represents a potential for financial loss to its depositors, as well as a number of headaches and hassles for both its depositors and borrowers. And if a failed institution is taken over by another bank, customers can be forced to accept lower interest rates on their CDs or even lose an existing line of credit.
That's why it is important to check the financial security offered by a financial institution prior to opening an account and then periodically monitor the company's condition going forward. Low-rated banks and thrifts should be avoided in favor of highly rated companies.
Of course, I had to check Devon Bank to see how they rank. They have a D- which means that their financial strength is weak.
Friday, August 12, 2011
Dorothy C. Tyse
Snipped. She was only 83 - a youngster.
God rest her soul. She is now safe in his loving arms.
Dorothy “Dotti” C. Tyse, nee Respond, beloved wife of the late Thaddeus, loving daughter of the late Anthony and Angela Respond, dearest sister of the late Henry (Adeline) and the late Norman (the late Marilyn) Respond, dear sister in law of Eleanore Tyse, cherished aunt and great aunt to many nieces and nephews. Prominent Niles local historian and author of “The History of Niles ; 1974” and a proud member of the St John Brebeuf Catholic Woman’s Club and the Golden Age Club, Visitation Sunday 3:00 pm – 8:00 pm, at the Skaja Terrace Funeral Home 7812 N. Milwaukee Ave. Niles, Funeral Monday 10:15 am. To St. John Brebeuf Church Mass 11:00 a.m. Interment Maryhill Cemetery, In lieu of flowers donations for Masses or to your favorite charity appreciated, for Inf. 847-966-7302
God rest her soul. She is now safe in his loving arms.
Dorothy “Dotti” C. Tyse, nee Respond, beloved wife of the late Thaddeus, loving daughter of the late Anthony and Angela Respond, dearest sister of the late Henry (Adeline) and the late Norman (the late Marilyn) Respond, dear sister in law of Eleanore Tyse, cherished aunt and great aunt to many nieces and nephews. Prominent Niles local historian and author of “The History of Niles ; 1974” and a proud member of the St John Brebeuf Catholic Woman’s Club and the Golden Age Club, Visitation Sunday 3:00 pm – 8:00 pm, at the Skaja Terrace Funeral Home 7812 N. Milwaukee Ave. Niles, Funeral Monday 10:15 am. To St. John Brebeuf Church Mass 11:00 a.m. Interment Maryhill Cemetery, In lieu of flowers donations for Masses or to your favorite charity appreciated, for Inf. 847-966-7302
Thursday, August 11, 2011
KOHL LAUDS GAO RECOMMENDATIONS TO IMPROVE OVERSIGHT OF GUARDIANS
Report Recommends SSA Improve Information Sharing
Thursday, August 11, 2011
WASHINGTON – U.S. Senator Herb Kohl (D-Wisc.), Chairman of the Senate Special Committee on Aging, today released a Government Accountability Office (GAO) report that found a need for stronger screening and oversight of guardians appointed to make financial decisions for incapacitated adults.
In its report, GAO found that only 13 states require criminal background checks on all potential court-appointed guardians, and that there are gaps in information sharing that can adversely affect incapacitated adults. GAO recommends that the Social Security Administration (SSA) find ways to share information with state courts dealing with the appointment of guardians for SSA beneficiaries. GAO also recommends that the U.S. Department of Health and Human Services consider supporting promising court pilot programs that monitor guardians.
“The bottom line is that we need to ensure that the people being put in charge of someone else’s Social Security checks are using the money appropriately,” said Kohl. “While I acknowledge that the Social Security Administration faces limitations, we must do more to combat abuses in the system.”
U.S. Senator Amy Klobuchar (D-Minn.) joined Kohl in reacting to the report’s findings.
“As a former prosecutor, I believe we need tougher oversight to protect seniors from bad actors and ensure their financial security,” said Klobuchar. “Our seniors deserve this common-sense accountability in our Social Security system.”
There are over 765,000 Social Security beneficiaries with a fiduciary or guardian. A 2010 GAO report identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. In reviewing 20 of those cases, GAO found that guardians, who sometimes represent multiple wards, stole or otherwise improperly obtained $5.4 million in assets from 158 incapacitated victims, many of whom were seniors.
Part of the problem, according to national advocates for elder rights, is that courts often have difficulty obtaining information that could enhance the ability to protect the interests of beneficiaries, particularly from the SSA. SSA asserts that the Privacy Act and other considerations prevent the agency from sharing fiduciary information with state courts.
Earlier this year, Kohl introduced legislation to prevent elder abuse, including abuse perpetrated by fiduciaries and guardians. The Elder Abuse Victims Act (S. 462) would establish an Office of Elder Justice within the Justice Department that would protect seniors by strengthening law enforcement’s response to elder abuse. Additionally, the End Abuse in Later Life Act (S. 464) would enhance direct services to older victims of abuse, including financial exploitation.
# # #
The GAO report can be found here: http://gao.gov/products/GAO-11-678
Thursday, August 11, 2011
WASHINGTON – U.S. Senator Herb Kohl (D-Wisc.), Chairman of the Senate Special Committee on Aging, today released a Government Accountability Office (GAO) report that found a need for stronger screening and oversight of guardians appointed to make financial decisions for incapacitated adults.
In its report, GAO found that only 13 states require criminal background checks on all potential court-appointed guardians, and that there are gaps in information sharing that can adversely affect incapacitated adults. GAO recommends that the Social Security Administration (SSA) find ways to share information with state courts dealing with the appointment of guardians for SSA beneficiaries. GAO also recommends that the U.S. Department of Health and Human Services consider supporting promising court pilot programs that monitor guardians.
“The bottom line is that we need to ensure that the people being put in charge of someone else’s Social Security checks are using the money appropriately,” said Kohl. “While I acknowledge that the Social Security Administration faces limitations, we must do more to combat abuses in the system.”
U.S. Senator Amy Klobuchar (D-Minn.) joined Kohl in reacting to the report’s findings.
“As a former prosecutor, I believe we need tougher oversight to protect seniors from bad actors and ensure their financial security,” said Klobuchar. “Our seniors deserve this common-sense accountability in our Social Security system.”
There are over 765,000 Social Security beneficiaries with a fiduciary or guardian. A 2010 GAO report identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. In reviewing 20 of those cases, GAO found that guardians, who sometimes represent multiple wards, stole or otherwise improperly obtained $5.4 million in assets from 158 incapacitated victims, many of whom were seniors.
Part of the problem, according to national advocates for elder rights, is that courts often have difficulty obtaining information that could enhance the ability to protect the interests of beneficiaries, particularly from the SSA. SSA asserts that the Privacy Act and other considerations prevent the agency from sharing fiduciary information with state courts.
Earlier this year, Kohl introduced legislation to prevent elder abuse, including abuse perpetrated by fiduciaries and guardians. The Elder Abuse Victims Act (S. 462) would establish an Office of Elder Justice within the Justice Department that would protect seniors by strengthening law enforcement’s response to elder abuse. Additionally, the End Abuse in Later Life Act (S. 464) would enhance direct services to older victims of abuse, including financial exploitation.
# # #
The GAO report can be found here: http://gao.gov/products/GAO-11-678
New GAO Report
Going to DC is paying off!
Incapacitated Adults: Oversight of Federal Fiduciaries and Court-Appointed Guardians Needs Improvement
Summary
If Social Security (SSA), Veterans Affairs (VA), and state courts find that adults are incapacitated, they appoint federal fiduciaries and court-appointed guardians to make decisions on their behalf. Incapacity is often associated with old age, so if these arrangements are not overseen, older adults could be vulnerable to financial exploitation. This report assesses (1) SSA, VA, and state court procedures for screening potential fiduciaries and guardians; (2) SSA, VA, and state court fiduciary and guardian monitoring; (3) information sharing between SSA and VA and between each agency and state courts; and (4) federal support for court oversight of guardians. GAO interviewed federal and court officials and experts, and reviewed federal laws, regulations, and policies, and others' compilations of state guardianship laws.
http://www.gao.gov/products/GAO-11-678
Incapacitated Adults: Oversight of Federal Fiduciaries and Court-Appointed Guardians Needs Improvement
Summary
If Social Security (SSA), Veterans Affairs (VA), and state courts find that adults are incapacitated, they appoint federal fiduciaries and court-appointed guardians to make decisions on their behalf. Incapacity is often associated with old age, so if these arrangements are not overseen, older adults could be vulnerable to financial exploitation. This report assesses (1) SSA, VA, and state court procedures for screening potential fiduciaries and guardians; (2) SSA, VA, and state court fiduciary and guardian monitoring; (3) information sharing between SSA and VA and between each agency and state courts; and (4) federal support for court oversight of guardians. GAO interviewed federal and court officials and experts, and reviewed federal laws, regulations, and policies, and others' compilations of state guardianship laws.
http://www.gao.gov/products/GAO-11-678
Friday, August 5, 2011
Janna Dutton
Snipped.
We don't know what criteria they use in order to hand out those awards or even how important they are? (Just found out how she got the "leading lawyer" position - lawyers vote for each other so that title doesn't even count because lawyers give each other business. It's all about $$$.)
Snipped.
(One more thing, she does NOT look like that in person. They must have had a professional photographer, makeup artist and stylist because I met Howitt and she doesn't look like that either. Or maybe they photoshopped themselves?)
We don't know what criteria they use in order to hand out those awards or even how important they are? (Just found out how she got the "leading lawyer" position - lawyers vote for each other so that title doesn't even count because lawyers give each other business. It's all about $$$.)
Snipped.
(One more thing, she does NOT look like that in person. They must have had a professional photographer, makeup artist and stylist because I met Howitt and she doesn't look like that either. Or maybe they photoshopped themselves?)
Thursday, August 4, 2011
Banks Get Tools to Stop Elder Financial Abuse
Link to Chicago Tribune
SPRINGFIELD -- Employees of Illinois financial institutions are now required to be trained to identify the signs that someone is a victim of financial exploitation.
Rules adopted by the General Assembly took effect Monday requiring the training.
Brent Adams is secretary of the Illinois Department of Financial and Professional Regulation. He says it's particularly important to safeguard seniors. The rules take effect during Elder Abuse Awareness month.
Signs of exploitation include sudden changes in accounts or banking practices; new names on bank signature cards; unauthorized use of ATM or credit cards and abrupt changes in financial documents.
More on elder abuse from the Illinois Department on Aging.
I think they should educate Devon Bank (or Richard Block and the new employee) in regard to how NOT TO exploit their clients. Open a trust account at Devon Bank and you will see signs of exploitation from their own employees.
SPRINGFIELD -- Employees of Illinois financial institutions are now required to be trained to identify the signs that someone is a victim of financial exploitation.
Rules adopted by the General Assembly took effect Monday requiring the training.
Brent Adams is secretary of the Illinois Department of Financial and Professional Regulation. He says it's particularly important to safeguard seniors. The rules take effect during Elder Abuse Awareness month.
Signs of exploitation include sudden changes in accounts or banking practices; new names on bank signature cards; unauthorized use of ATM or credit cards and abrupt changes in financial documents.
More on elder abuse from the Illinois Department on Aging.
I think they should educate Devon Bank (or Richard Block and the new employee) in regard to how NOT TO exploit their clients. Open a trust account at Devon Bank and you will see signs of exploitation from their own employees.
Tuesday, August 2, 2011
Elder Financial Abuse Spikes
Huffington Post
Financial abuse robbed elder Americans of an estimated $2.9 billion last year, up 12 percent from 2008, according to a MetLife Mature Market Institute study released in June. That statistic may only continue to climb if the government neglects to regulate the home-care service industry.
Because of the sour economy and increasing number of Baby Boomers, financial crimes committed by trusted caregivers are on the rise, The Crime Report noted Thursday. Even if they have an extensive rap sheet, they can walk right through their victims' front doors, since only 28 states require that private aides get licensed, according to the California Alliance.
"It's a common misconception that if someone holds themselves out to be a caregiver they must have been checked by someone, somewhere. When, in fact, they have not," Jeff Lesowski, a senior deputy district attorney in Washington County, told The Oregonian.
While non-profit and state-level adult protective agencies are safer bets since there is more oversight, funding cuts have hindered them from adequately serving the aging population, The New York Times reported in March.
The Guardian Project, for example, a non-profit that serves elderly and disabled New Yorkers, has been able to aid only 200 clients since it opened it 2005, because it runs on a meager $1.2 million budget, The Crime Report noted.
"Scores of helpless, frail people have collectively been physically abused, had their life savings depleted, and lost their homes due to the unscrupulous acts of guardians," Laura Negron, the organization's director, remarked later on in the article.
Such financial abuse cases span the country and the wealth spectrum.
Back in March, legendary actor Mickey Rooney, 90, told a Special Senate Committee on Aging how "trapped, scared, used and frustrated," he felt when a family member abused him emotionally, physically and financially, The Associated Press reported.
California--where Rooney obtained a restraining order against his stepson, according to The Associated Press--doesn't currently require private caregivers to get licensed. The state, however, is pursuing The Home Care Services Act of 2011, which could potentially clean up the industry.
The act would require the Department of Public Health to license private aids and perform background checks, among a number of other safety precautions.
Still, even New York, which requires licensing, sees a high incidence of financial abuse among seniors. "Under The Radar: The New York State Prevalence Study," published in May, found that 41 per 1,000 seniors surveyed were victims of major financial exploitation. That crime, which occurred at the highest rate, includes theft, using items without permission and misleading to get money, bank cards, accounts and power of attorney.
While preventative measures are critical, the elderly will likely remain desirable and easy targets unless the government implements punitive measures, too.
Chairman of the Special Committee on Aging, Senator Herb Kohl (D-Wis.) reintroduced the Elder Abuse Act in March, The New York Times reported, which could possibly accomplish just that by strengthening law enforcement responses to abuse.
"Financial exploitation against the elderly is very prevalent right now," said Sharon Merriman-Nai, project director for the National Center on Elder Abuse, in a recent ABC story on the topic. "The elderly have assets. They've had their lifetime to acquire savings and property."
Financial abuse robbed elder Americans of an estimated $2.9 billion last year, up 12 percent from 2008, according to a MetLife Mature Market Institute study released in June. That statistic may only continue to climb if the government neglects to regulate the home-care service industry.
Because of the sour economy and increasing number of Baby Boomers, financial crimes committed by trusted caregivers are on the rise, The Crime Report noted Thursday. Even if they have an extensive rap sheet, they can walk right through their victims' front doors, since only 28 states require that private aides get licensed, according to the California Alliance.
"It's a common misconception that if someone holds themselves out to be a caregiver they must have been checked by someone, somewhere. When, in fact, they have not," Jeff Lesowski, a senior deputy district attorney in Washington County, told The Oregonian.
While non-profit and state-level adult protective agencies are safer bets since there is more oversight, funding cuts have hindered them from adequately serving the aging population, The New York Times reported in March.
The Guardian Project, for example, a non-profit that serves elderly and disabled New Yorkers, has been able to aid only 200 clients since it opened it 2005, because it runs on a meager $1.2 million budget, The Crime Report noted.
"Scores of helpless, frail people have collectively been physically abused, had their life savings depleted, and lost their homes due to the unscrupulous acts of guardians," Laura Negron, the organization's director, remarked later on in the article.
Such financial abuse cases span the country and the wealth spectrum.
Back in March, legendary actor Mickey Rooney, 90, told a Special Senate Committee on Aging how "trapped, scared, used and frustrated," he felt when a family member abused him emotionally, physically and financially, The Associated Press reported.
California--where Rooney obtained a restraining order against his stepson, according to The Associated Press--doesn't currently require private caregivers to get licensed. The state, however, is pursuing The Home Care Services Act of 2011, which could potentially clean up the industry.
The act would require the Department of Public Health to license private aids and perform background checks, among a number of other safety precautions.
Still, even New York, which requires licensing, sees a high incidence of financial abuse among seniors. "Under The Radar: The New York State Prevalence Study," published in May, found that 41 per 1,000 seniors surveyed were victims of major financial exploitation. That crime, which occurred at the highest rate, includes theft, using items without permission and misleading to get money, bank cards, accounts and power of attorney.
While preventative measures are critical, the elderly will likely remain desirable and easy targets unless the government implements punitive measures, too.
Chairman of the Special Committee on Aging, Senator Herb Kohl (D-Wis.) reintroduced the Elder Abuse Act in March, The New York Times reported, which could possibly accomplish just that by strengthening law enforcement responses to abuse.
"Financial exploitation against the elderly is very prevalent right now," said Sharon Merriman-Nai, project director for the National Center on Elder Abuse, in a recent ABC story on the topic. "The elderly have assets. They've had their lifetime to acquire savings and property."
Sunday, July 31, 2011
Mark Glasser - Goldman Sachs
I met this gentleman last month in Washington, D.C. He was one of us who gave speeches in the Rayburn House. Goldman Sachs snatched his mother (Lillian Glasser) and forced her into guardianship. Then proceeded to waste her entire estate. My heart goes out to both. Her son can only sit idly by and watch his mother get abused for money. Do these people have any sense of moral decency?!
His speech is here - http://www.youtube.com/watch?v=-nLThn3kw3o
Devon Bank invests their clients money (that they forced into guardianship) in Goldman Sachs. All of their clients too. Coincidental? Doubt it.
His speech is here - http://www.youtube.com/watch?v=-nLThn3kw3o
Devon Bank invests their clients money (that they forced into guardianship) in Goldman Sachs. All of their clients too. Coincidental? Doubt it.
Tuesday, July 19, 2011
North Shore "Live" Cooper's Corner
http://northshorelive.blogspot.com/
Host Bev Cooper has dedicated some of her programs to victims of Cook County Probate Court. She is releasing those shows on the Internet so everyone has the opportunity to watch them. Live broadcasts are on cable channel 19 Wednesday nights at 7:30 PM.
Host Bev Cooper has dedicated some of her programs to victims of Cook County Probate Court. She is releasing those shows on the Internet so everyone has the opportunity to watch them. Live broadcasts are on cable channel 19 Wednesday nights at 7:30 PM.
Saturday, July 9, 2011
Devon Bank Review - March 2011
Texas Ratio - Two Stars (out of Five)
The Texas Ratio is an indicator of how much funds a bank has available compared to the total value of loans considered at risk. As of March 31, 2011 Devon Bank had $24.58 million in non-current loans and owned real-estate with $32.74 million in equity and loan loss allowances on hand to cover it. This gives Devon Bank a Texas Ratio of 75.05% which is below average. Any bank with a Texas Ratio near or greater than 100% is considered at risk.
Texas Ratio Trend - Two Stars (out of Five)
The Texas Ratio for Devon Bank increased slightly from 50.30% as of March 31, 2010 to 75.05% as of March 31, 2011, resulting in a negative change of 49.21%. This indicates that the balance sheet and financial strength for Devon Bank has declined slightly in recent periods.
Deposit Growth - Two Stars (out of Five)
In the past year, Devon Bank has decreased its total deposits by -$3.6 million, resulting in -1.4% growth for the year. A strong track record of growth is an indicator of consumer confidence and the bank's ability to strengthen its balance sheet. The growth Devon Bank has shown is below average.
Capitalization - Four Stars (out of Five)
Both FDIC and NCUA consider capitalization levels of banks and credit unions to be of high importance. Higher capitalization allows for a greater buffer when cover loans that may fail in the future. Devon Bank has $281.46 million in assets with $32.74 million in equity, resulting in a capitalization level of 11.63%, which is above average.
PREDICTIVE INDICATOR
As stated, we have determined a composite Star rating for this bank of 1*, indicative of a significantly below average financial condition. At times, financial conditions of banks change rapidly and significantly. Hence, our Safe & Sound Star ratings should not be deemed predictive of likely future ratings. However, in view of early warning indicators set forth within this report, in combination with the institution's financial data, we believe that the Star rating for this institution is unlikely to change within the ensuing twelve month period.
The Texas Ratio is an indicator of how much funds a bank has available compared to the total value of loans considered at risk. As of March 31, 2011 Devon Bank had $24.58 million in non-current loans and owned real-estate with $32.74 million in equity and loan loss allowances on hand to cover it. This gives Devon Bank a Texas Ratio of 75.05% which is below average. Any bank with a Texas Ratio near or greater than 100% is considered at risk.
Texas Ratio Trend - Two Stars (out of Five)
The Texas Ratio for Devon Bank increased slightly from 50.30% as of March 31, 2010 to 75.05% as of March 31, 2011, resulting in a negative change of 49.21%. This indicates that the balance sheet and financial strength for Devon Bank has declined slightly in recent periods.
Deposit Growth - Two Stars (out of Five)
In the past year, Devon Bank has decreased its total deposits by -$3.6 million, resulting in -1.4% growth for the year. A strong track record of growth is an indicator of consumer confidence and the bank's ability to strengthen its balance sheet. The growth Devon Bank has shown is below average.
Capitalization - Four Stars (out of Five)
Both FDIC and NCUA consider capitalization levels of banks and credit unions to be of high importance. Higher capitalization allows for a greater buffer when cover loans that may fail in the future. Devon Bank has $281.46 million in assets with $32.74 million in equity, resulting in a capitalization level of 11.63%, which is above average.
PREDICTIVE INDICATOR
As stated, we have determined a composite Star rating for this bank of 1*, indicative of a significantly below average financial condition. At times, financial conditions of banks change rapidly and significantly. Hence, our Safe & Sound Star ratings should not be deemed predictive of likely future ratings. However, in view of early warning indicators set forth within this report, in combination with the institution's financial data, we believe that the Star rating for this institution is unlikely to change within the ensuing twelve month period.
Tuesday, July 5, 2011
New Power of Attorney Law in Illinois
New Law Shields Elderly Against Power of Attorney Abuse
A new law in Illinois took effect Friday granting critical protections to those, particularly older adults, who utilize the power of attorney.
Previously, those who abused their power of attorney roles as agents were not explicitly required to repay stolen or abused finances. The new measure also defines an agents role to act in good faith for the benifit of the principal estate in accordance with their preferences and expectations.
"A power of attorney is a responsibility that should be taken very seriously - it is not a license to steal," said Bob Gallo, state director for AARP Illinois. "Considering the broad authority granted in a power of attorney and the economic impact of financial abuse, it is critical that there are adequate protections in place for both the principal and the agent.
The agents must now keep financial records and are subject to having their agency revoked by the court or pay fines should they abuse their responsibility to the principal.
Financial exploitation in Illinois is the most commonly reported form of elder abuse, constituting nearly 60 percent of all elder abuse reports according to AARP Illinois.
Nationally, elder financial abuse costs victims more than $2.9 billion each year.
Public Act 96-1195 amends the existing Illinois Power of Attorney Act and was signed into law by Gov. Pat Quinn in July 2010. State representative Emily McAsey sponsored the measure, which unanimously passed in both houses in the General Assembly.
Source: http://www.nbcchicago.com/news/business/elderly-power-attorney--124890799.html#ixzz1RF5Daa4Y
A new law in Illinois took effect Friday granting critical protections to those, particularly older adults, who utilize the power of attorney.
Previously, those who abused their power of attorney roles as agents were not explicitly required to repay stolen or abused finances. The new measure also defines an agents role to act in good faith for the benifit of the principal estate in accordance with their preferences and expectations.
"A power of attorney is a responsibility that should be taken very seriously - it is not a license to steal," said Bob Gallo, state director for AARP Illinois. "Considering the broad authority granted in a power of attorney and the economic impact of financial abuse, it is critical that there are adequate protections in place for both the principal and the agent.
The agents must now keep financial records and are subject to having their agency revoked by the court or pay fines should they abuse their responsibility to the principal.
Financial exploitation in Illinois is the most commonly reported form of elder abuse, constituting nearly 60 percent of all elder abuse reports according to AARP Illinois.
Nationally, elder financial abuse costs victims more than $2.9 billion each year.
Public Act 96-1195 amends the existing Illinois Power of Attorney Act and was signed into law by Gov. Pat Quinn in July 2010. State representative Emily McAsey sponsored the measure, which unanimously passed in both houses in the General Assembly.
Source: http://www.nbcchicago.com/news/business/elderly-power-attorney--124890799.html#ixzz1RF5Daa4Y
Saturday, July 2, 2011
Abuse and Corruption Rampant in Probate Court of Cook County
By Nancy J Thorner
The end of life has many challenges for the elderly. It can be a fast or a long goodbye and might involve a transition to assisted living, a nursing home, or a live-in caretaker.
Now is the time to guard against opportunists, who like vultures are circling to claim flesh, whether the person is alive or dead, even if a large sum of money isn’t involved. For elder abuse bi-passes color, race or creed and extends also to disabled children.
Although the presence of wealth often brings out the worst in human kind, preying on the elderly can amount to nothing more than gaining access to the individual’s monthly Medicare, Medicaid, Social Security or Veterans Disability payments.
Read the rest of this true story at this link:
http://nancyjthorner.wordpress.com/2011/07/02/abuse-and-corruption-rampant-in-probate-court-of-cook-county-il/
The end of life has many challenges for the elderly. It can be a fast or a long goodbye and might involve a transition to assisted living, a nursing home, or a live-in caretaker.
Now is the time to guard against opportunists, who like vultures are circling to claim flesh, whether the person is alive or dead, even if a large sum of money isn’t involved. For elder abuse bi-passes color, race or creed and extends also to disabled children.
Although the presence of wealth often brings out the worst in human kind, preying on the elderly can amount to nothing more than gaining access to the individual’s monthly Medicare, Medicaid, Social Security or Veterans Disability payments.
Read the rest of this true story at this link:
http://nancyjthorner.wordpress.com/2011/07/02/abuse-and-corruption-rampant-in-probate-court-of-cook-county-il/
Tuesday, June 28, 2011
Is This Guy for Real?
Yesterday I was chatting with opposing counsel in a trust litigation matter I'm handling. Both of us agreed that there are some interesting issues involved with the case, but we also agreed that we need to work together to resolve these issues (rather than go to court) because the trust just isn't big enough for a major court battle. If we did go to court, opposing counsel and I would become the estate's biggest beneficiaries, via the attorneys fees we'd receive.
I took this off the death & taxes blog, read it all the time, he's an attorney that makes the law fun. He talks about Probate Court too but I can't imagine he fits in on the 18th if he's talking like that.
I took this off the death & taxes blog, read it all the time, he's an attorney that makes the law fun. He talks about Probate Court too but I can't imagine he fits in on the 18th if he's talking like that.
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