A Prosecutor Becomes a Champion for the Elderly

By Elizabeth Olson of the New York Times.

MARIE-THERESE CONNOLLY is using the prosecutorial skill she honed fighting nursing home fraud to add dimensions to the public’s awareness of the widespread problem of elder abuse, including highlighting the costs to society of financial, physical and psychological mistreatment of older adults.

“Elder abuse is ubiquitous,” Ms. Connolly, 54, a former Justice Department prosecutor, said. “But we are not connecting the dots and realizing that the economic costs are high. Few people realize the huge implications for Medicare, Medicaid and family programs.”

She has been working — writing federal legislation, testifying and prosecuting cases — for years, but a grant last fall from the MacArthur Foundation recognized her efforts in the area and gave her the financial freedom to reframe the issue on her own terms.

Despite the occasional highly publicized case like the one involving the actor Mickey Rooney, who told Congress he had been mistreated by relatives, or the conviction of the heiress Brooke Astor’s son on charges of defrauding her and stealing millions of dollars from her, the biggest challenge is that aging is something that everyone wants to ignore, Ms. Connolly said.

“We need to talk about this,” she said.

She decided to write a book, but not about the many examples of how older people are exploited or mistreated.

“The engine of the book is going to be the people on the ground who are doing amazing things to help older people who are suffering from all these different kinds of abuses,” Ms. Connolly said of the book, which she said would be published in spring 2013. With no coordinated national approach, “the social workers and others who are trying to help are forced to invent the wheel over and over,” she said.

Protecting the elderly is not a top national concern, she said, although 5.4 million Americans have Alzheimer’s disease, and large numbers of baby boomers are in or approaching their 60s, a period when they become more vulnerable.

Ms. Connolly, an energetic mother of three, did not set out to become a champion of rights for the elderly. As a newly minted lawyer out of Northeastern University School of Law, an early assignment was prosecuting civil fraud cases at the Justice Department.

Several years later, an investigation by the Government Accountability Office, the Congressional watchdog agency, uncovered widespread nursing home abuses. That prompted the Justice Department to set up the Elder Justice and Nursing Home Initiative to, among other things, pursue fraud against older adults. She was named to lead it in 1999.

She left the post in 2007, becoming a fellow at the Woodrow Wilson International Center for Scholars, a Washington research organization, and founding the nonprofit group Life Long Justice to help detect abuse of the elderly and find solutions. In 2010, Congress passed the first federal legislation, the Elder Justice Act, which she helped write, to address such abuse and exploitation.

Despite the law and efforts to shed light on the problem, the toll on victims remains vast and grim, she said.

Just making sure that the people who come into contact with older adults, including doctors and social workers, are trained to distinguish between accidental bruises, which are common among older adults, and marks that are inflicted by someone else would be an important step, she said.

Ms. Connolly also wants people to understand the economic toll of abuse, noting that studies show that abused elderly people “are more likely to be admitted to a nursing home, for example, and far more likely to suffer from increased mortality and morbidity.”

When financial, physical or other abuse means that an older person cannot live independently, taxpayers pick up the bill for costly acute, intensive or long-term care via Medicare or Medicaid, she said.

Financial exploitation alone costs victims $2.9 billion annually, according to a 2011 MetLife Mature Market Institute study. Ms. Connolly said that the actual cost of abuse could be much greater, but no comprehensive study had been done.

A major drawback to public awareness, she said, is the lack of research, especially in the areas of intervention and prevention. It is difficult to pinpoint the precise number of cases of mistreatment and abuse of older people, she said, because abuse takes many forms, can be hard to detect and can occur at home or in nursing homes and other institutions.

Citing surveys and studies over the last decade, Ms. Connolly estimated that several million older Americans suffered abuse each year. But she said, “It’s very hard to put a finger on the prevalence.”

To arrive at more precise figures, she is working with some other specialists on the elderly to research the various aspects of abuse and to find financing to support the effort.

Her no-strings $500,000 MacArthur award helps make up for the fact that she has not drawn a salary since she left her federal job — something her family has taken in stride although her older two children are in college. Her husband, Daniel Kohrman, is a lawyer with the AARP Foundation and works on issues involving older adults as well.

But Ms. Connolly says she knows focusing public attention on abuse of the elderly is not going to be easy.

“Despite the tide of aging baby boomers, people are still far more aware of child abuse and domestic violence than they are of what happens to an older neighbor or relative,” she said. “Elder abuse is still a national blind spot.”

Link to story.

How to WIN Guardianship in Cook County Probate Court

I just won my first custody case today (helping a pro se litigant) and I shouldn't say that because the woman I court watched for and counseled is amazing and deserves to be successor guardian. She will credit me; I will credit a gentleman at the State's Attorneys Office who let me in on this not so secret secret...

How to Win Guardianship

Three steps that are far from easy:

1. Do NOT join any online guardianship group until after you win custody.  (Joining one or being associated with one will not help you win.)

2. Apologize. They're going to emotionally abuse you and the AIP (Alleged Incapacitated Person). You're going to go off on the lowliest employee to the highest and everyone in between because you're protective instincts kick in. You can't help yourself because your loved one is an elder/disabled person that is defenseless and vulnerable... the people who entered their lives are just looking at them as cash cows.... it's very natural to go off but if you continue, you won't win custody. You need to apologize for your bad behavior. You don’t have to apologize to the lowliest employee that they (interlopers) set up to antagonize you but it’s really in your best interests to apologize to the rest…. You’ll understand why after.

3. Do NOT disrespect the Judge!  I CANNOT emphasize this enough!  I don’t understand it when people walk into the courtroom with chips on both shoulders then give the judge a piece of their minds? Let me give you a hint... if you're going to get into a power struggle with a Cook County Probate Court Judge, you're going to lose and lose big. If you can't say, "Yes ma'am", "No ma'am" or "Yes sir", "No sir" and "Your Honor" then you've got no business being anyone's guardian. Love has no pride; it has no shame and if you can't leave your ego out in the hallway then don't walk into that courtroom expecting to win.  The judge decides whether or not you're fit (and that includes blood relatives) and if you're acting like a hooligan, you're unfit.

These are the steps it takes and they're not easy but if you need help, you can contact me and I'll counsel you through it.  This advice won’t work for everyone either but it's a really good start.  After you win, I strongly urge you to tell others or blog about it.  Give a review of an attorney, who helped you, how, etc.  Blogging does nothing for reform, it does warn and help others.  You should get in contact with Latifa Ring at NOTEGA since she got all her members heard by the CFPB.  I'm a member of her organization.

I wrote this post because respect is earned, no one can earn that for you and without it you lose.

I can't take my eyes off this winning petition and I'm going to win more.... this is just the beginning.....

New Federal Agency Charged With Protecting Older Consumers of Financial Services

BY GENE MITCHELL

The Consumer Financial Protection Bureau (CFPB) was created by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The CFPB includes the Office for Older Americans, which has a mandate to help protect the financial interests of consumers aged 62 and up.

Hubert H. (“Skip”) Humphrey III was named assistant director of the Office for Older Americans in October. Humphrey, a former attorney general of Minnesota, has also worked in the private sector in communication and public affairs, and has taught at the University of Minnesota. He has served as the president of the Minnesota AARP and has been an AARP national board member.

In December, LeadingAge interviewed Humphrey to learn more about the CFPB’s priorities in protecting the interests of older Americans.

LeadingAge: What is the mandate of the Consumer Financial Protection Bureau with respect to older Americans? How will seniors benefit from the Bureau’s work?

Skip Humphrey: We have to fit what our office does within the mission of CFPB: that markets that provide financial services and products are transparent, competitive, and that consumers have access to the information they need to make financial decisions. Within that [mission] there are a number of different populations we are asked by Congress to look at, one of which is Americans 62 and older. Our mission is to coordinate and work with state and federal agencies and community organizations to assist seniors in having the information they need to make sound financial decisions.

If we accomplish that, seniors can go into the marketplace with a degree of understanding and make sound financial decisions.

Beyond that, my own experience has taught me that you need the educational background for seniors to be well-informed, but also the enforcement capacity of the Bureau to keep rascals out of the marketplace.

LeadingAge: What issue areas, with respect to older Americans, are the greatest priorities for CFPB? What sorts of reforms would you like to see going forward?

Skip Humphrey: I’ll give one example and it raises issues your [members] have to confront. That is the issue of diminished capacity in the decision-making process, and the risk older Americans face, where they may not have the same level of capacity as someone who is younger. Those people may well be in some of the facilities of readers of yours. How will we help those who are caregivers have the right tools as they assist in making decisions?

Elder abuse and financial exploitation is a real problem and I’ve heard about it all over this country. It’s also the financial institutions that are sensitive to this. Take a bank—a teller may see signs of a problem. Why is this person taking out a lot of money when they never have before? At that point someone needs to get some help. That’s where we have a major area of concern. There are issues regarding guardianship, and some of the folks in your group are concerned about that relationship: What is [the guardian’s] training, what is their background?

LeadingAge: What strategies will you use for getting the word out about the work CFBP is doing?

Skip Humphrey: There are a number of ways. We have a very good website [www.consumerfinance.gov] and will be expanding it. Secondly, we’re doing a lot of media interviews. Third, we are meeting with organizations all around the country. I just came back from Portland, Maine, where we met with a whole host of organizations and law-enforcement agencies that are becoming more sensitive to the problems out there.

LeadingAge: Do you have any observations about how well aging-services providers do in terms of helping consumers make informed choices about care options?

Skip Humphrey: I don’t want to prejudge, but you’ve hit on what Congress has asked us to look at. They’ve asked us to coordinate research, learn about best practices and training, etc. We’re just beginning that kind of effort.

Organizations like yours have to help me understand financial transactions. In many of these transactions, the market is shifting to the home care industry. We’re not necessarily going to be looking at the quality of that care, but will look at the financial end of things.

But I want to put this back into the framework of the larger picture: How can we help seniors have the financial information they need, and gain confidence they can go into a very robust marketplace and make these decisions as they age? It’s hard enough for a 50-year-old.

LeadingAge: Our members are highly regulated, especially those providing skilled nursing care. To what degree will CFPB work with providers to achieve consumer protection goals?

Skip Humphrey: We’re working not only with non-profits but for-profits. Let’s not duplicate what’s already been done and done well. We’re now gathering information and finding databases. A lot of work has already been done in various places around the country. I’ve had some strong support from local agencies and organizations who want some help.

Some states have been very active in these areas, [for instance] Texas and California; I was quite impressed with what I saw in Maine, but for the most part it’s kind of anecdotal at this point.

This is the first federal office solely focused on financial information and education for seniors. It’s a big task but an exciting opportunity to really help the growing number of older Americans.

Link to original story.

I'm going to have to notify this gentleman of Devon Bank and the things that I'm hearing at the election functions.  Banks are forcing elders into buying annuities, harrassing children's parents and calling them all the time.  So, now we not only have trust officers that aren't trustworthy but the entire financial industry preying on the elderly and yet, this gentleman trusts them?  I'll have to get the word out.

Calistoga Bookkeeper Embezzles 250K from Elder Woman

A self-employed bookkeeper from Calistoga on Friday admitted embezzling more than $250,000 from an elderly Yolo County woman who operated a bed and breakfast in St. Helena, according to the Yolo County District Attorney’s Office.

Denise Conophy also pleaded guilty to elder abuse and tax evasion and agreed to forfeit more than $300,000 in cash and property to pay restitution to the victim, Jonathan Raven, chief deputy district attorney said in a news release.

Conophy, 51, had been hired to handle the victim’s bookkeeping and financial affairs related to a bed and breakfast in St. Helena, Raven said in the statement.

Instead, Conophy, transferred the victim’s assets to other accounts to pay her own bills, the prosecutor said.

The crimes were committed after the victim fell ill and relatives discovered that the woman’s assets had been depleted, authorities said.

In April, a spokesman for the California Franchise Tax Board, one of the investigating agencies, said Conophy allegedly used the money to pay personal bills, buy rental property in Santa Rosa and vacation property in Oregon. During the investigation, the Franchise Tax Board discovered that Conophy allegedly failed to file state income tax returns for eight years and failed to report the stolen funds as income, the Yolo County District Attorney’s Office said.

Yolo County Superior Court Judge Janet Gaard is scheduled to sentence Conophy on March 8 in Yolo County Superior Court in Woodland.

Prosecutors on April 14 charged Conophy with alleged embezzlement, elder abuse, money laundering and tax evasion, court documents show.

Read more

Ex-Partner of Big Law Firm Convicted of Taking $370,000

A Wisconsin jury has found a former partner of a large international law firm guilty of stealing $370,000 from an elderly client who prosecutors said suffered from dementia.

Dorothy Phinney, now 94, became a client of Milwaukee lawyer Jeffrey Elverman in 2000, when he was a partner at the firm of Quarles & Brady. In 2003 and 2004, Phinney signed checks to Elverman, who held her power of attorney, totaling $370,000. The payments came to light in 2008, shortly after a Milwaukee County judge found Phinney incompetent and appointed a community services agency as her guardian. The guardian has also filed a pending civil suit alleging Elverman took more than $600,000 from Phinney.

At trial, prosecutors presented a caregiver's records showing that Elverman met with Phinney for about an hour a week, on average. To justify $370,000 in fees, Elverman would have had to work 30 hours a week for Phinney at his $150 hourly rate, an assistant district attorney told the Milwaukee County jury.

But Elverman's lawyer countered that although Phinney couldn't name the president or identify a stapler, she understood her own finances well enough to know she wanted Elverman to help her handle them and she intended to pay him the money.

"This case is about Dorothy Phinney's ability to consent," attorney Daniel Drigot told the jury in his opening statement. "It's not about whether she was too generous or Mr. Elverman was too greedy." Elverman did not testify at his trial.

Elverman left Quarles & Brady in 2004 for unrelated reasons. The firm's internal investigation following Elverman's departure raised concerns about his representation of Phinney, but Elverman refused to allow Quarles & Brady to contact Phinney.

Elverman faces up to five years in prison and a fine of up to $25,000.
 
Full story here.

Overcoming the Heartbreaking and Emotional Drain of Condoned Law Guardian Abuse

How does someone overcome the heartbreaking and emotional drain of dealing with legally approved corruption? If there was a simple answer for that question, it is the need to raise awareness of an unsafe and unjust system. It has been awhile since my last article on this topic. Aside from the general busyness of the holiday season, I found myself exhausted on some unexplained level. The mere thought of having to discuss anything further about the final few years of Dorothy Wilson’s challenged life had a nauseating effect on me. There were many times when I would quietly ponder how anyone would allow another human being to be stripped of their rights; literally, figuratively and financially. This was even more troubling because Dorothy had more viable, loving and much happier options available to her.

You would think that considering all of the grief that Dorothy’s law guardian, Mary Giordano, caused both Dorothy and Diane; the only child fighting for her happiness; that when Mrs. Wilson passed into spirit that Mary would have stopped her nonsense. Instead, Diane, who was rightfully assigned as the executrix of the meager estate left after Mary Giordano was given free reign to financially plunder several hundred thousand dollars through a reverse mortgage and other ways, with the approval of Judge Joel Asarch, is still fighting for the pittance of money that was left. Mary Giordano has had no trouble forwarding the bills associated with the cost of maintaining Dorothy’s home and previous care. However, she has not released the funds to pay for it. All of her actions continue to highlight how unscrupulous, callous and greedy she is.

Perhaps one of the aspects of this law guardian abuse case; as in many others, is the complete lack of concern for anyone else who is affected. This holds true for family, friends and even more. Once Diane was put in charge of her Mom’s estate--as Dorothy had wanted from the onset--she started to find more and more of the absurd care that was taking place. The house was already put up for sale, but once Diane was allowed into it she spent hours and hours of her own time cleaning and organizing things to make it presentable. Diane and witnesses found certain things that were glaringly improper. We could begin by wondering why a binder with the order from Judge Asarch approving Dorothy’s relocation was found in the freezer. Could it be simply because it was in clear violation of Article 81? How many honest lawyers file their client’s documents in the back of a freezer?

Under the care of Anne Recht, the healthcare manager, Dorothy’s medicines and medical waste, including used needles, were found scattered throughout the home. They were in file cabinets, dresser drawers, a sewing machine cabinet, upstairs in a room where the aides slept, in the garage and in the refrigerator. People were coming and going in this house, including children, as Mary Giordano had put it up for sale without authorization. I can only speak for myself, but I would not be comfortable having inquisitive children stumble across a box of needles that were not properly stored. Many of the needles were pre-filled with medicine. There was even an IV pole with several needles and medicine connected to it that was left out in the open. Anyone could have been poked or injured by them.

In addition to the medicine, hundreds of dollars of expired food had to be thrown away because of the parade of aides. While some were very good to Dorothy, others would not take the time to go through the cabinets to see what was available to cook. The amount of wasted money would be unacceptable by most households, but under the “care” of Mary Giordano and Anne Recht, Dorothy’s funds were routinely misused. I personally remember the smile on Dorothy’s face one time when she attended a prayer and meditation meeting I held. The only requirement ever requested was that whoever comes to these meetings has to bring food for the pantry. She was more than happy to do that with Diane.

If the populace does not awaken to the fact that situations like Dorothy Wilson are taking place all around the country, then the actions of lawyers and judges who elect to scam the families who are caught up in it will continue to take place. What I have found with my inquiries and conversations with numerous people is that the majority of society seems to be intimidated by the judges and guardians responsible for the illegal and immoral activities. They are generally “well-connected” people and can make the lives miserable for those who stand up to them. Since they are in positions of power, they feel confident in trampling the civil rights of those they deem they should control, not to mention that they feel safe from prosecution because of the standard “old boys club” that still exists today.

This problem will persist unless enough citizens raise their voices and get the media—social and mainstream—to start putting a spotlight on many of the cases around the country. It makes no difference if the victim is someone’s mother, as in the case of Dorothy Wilson, or a husband like Gary Harvey, whose rights were taken away from him and his wife, Sara, when a guardian was put in charge. These are only two examples. The list goes on and on when it comes to the vulture-like attacks that take place from many guardians who greedily profit from an unchecked system that needs to be seriously addressed. Law guardian abuse seems to attack the elderly frequently, but is no stranger to the mentally impaired or physically challenged. Estates are systematically stolen from their rightful owners and family. What will it take for you to feel angered or passionate enough to take a stand and begin to hold the politicians accountable, who also want to hide behind legalities, mostly out of fear that it will hurt their career path? They have the power to change the laws, but many are either unaware of the rampant disintegration of civil rights, or they have chosen to be a part of the problem by ignoring or partaking in it. Often times, those who know about it do not take action because it is their colleagues, friends or acquaintances that are part of the corruption.

It would benefit an array of struggling victims to know that their voices are not being discarded by society. Let your compassion and the gauge that all people have that tells them the difference between right and wrong land on the right point. In this way, you will become a pillar of support for the meek and not a lamb led to slaughter by those who abuse the power that they wield.

Jim Fargiano

Cooper's Corner

This is a website of Bev Cooper's Programs on Elder Abuse and Guardianship Abuse.  They're must see TV.

Her link is here - North Shore Live

My all time favorite show is here.  Because Bev looks absolutely stunning.  I think green is her signature color.

Probate Abuse Manual

http://probateabusemanual.blogspot.com/

This is a new website set up to help you with Cook County Probate Court Abuse. 

If you're a victim of Devon Bank please contact me since I have the ball rolling in that direction already, I have other people you can report bank fraud to.

Also contact me if you're someone I court watch for.  I know what you can try if things don't turn out the way you expect.

The Shame of Elder Abuse and the Silence of Washington

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/.

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.

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.

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

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.

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.

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.)

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)

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. 

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

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

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