March 23, 2012 Rick Green
The state Supreme Court stood up Friday for a simple right that matters deeply for all, but especially to the old, sick and disabled.
The job of a lawyer appointed by probate court is to fight for the client, whether he is healthy or a stubborn 86-year-old man.
In a unanimous ruling in the long-running civil rights case of Daniel Gross, the justices ruled that court-appointed lawyers do not have immunity from lawsuits if they abuse their clients. The court also ruled, in a divided opinion, that conservators appointed by probate have limited immunity. The justices also ruled that a nursing home does not have immunity from lawsuits in probate cases.
The ruling has far-reaching implications for our troubled probate court system. It means that a court-appointed lawyer, and to a lesser extent the conservator — who is appointed by probate when a person can no longer live independently — cannot ignore the wishes of a client. The message to probate court is clear: Lawyers and conservators must be held accountable.
For probate courts, this has huge implications because many of the unsettling and outrageous cases I have been writing about for the past six years stem from abuse by conservators and court-appointed lawyers and judges who don't pay enough attention.
Although Gross died in 2007, his civil rights case lived on. The lasting lesson is that the old or disabled — even if they are unwell and cranky — have the same rights as the rest of us.
"It means that if you get a court-appointed lawyer, that lawyer cannot have any doubt that the lawyer's job is to listen to you,'' said Sally Zanger, the Connecticut Legal Rights Project lawyer who represented Carolyn Dee King, Gross' daughter. "It's what the lawyer is supposed to be doing."
Amazingly, that's been the problem in the probate cases I've been telling you about since 2006. Gross' was the first and most heartbreaking case I stumbled upon, when a Legal Aid lawyer told me an unbelievable tale of an old man from Long Island being held against his will in a Waterbury nursing home.
Elderly but still independent, Gross became ill while visiting his daughter in Waterbury. He was hospitalized, and while his children fought over his care and who should control his finances, Waterbury Probate Judge Thomas Brunnock approved his involuntary conservatorship.
Gross wanted to go home to Long Island. He wasn't told of the hearing where he was ordered conserved. His court-appointed lawyer, Jonathan Newman, failed to object to the conservatorship, even though Gross just wanted to leave Connecticut. His conservator, Kathleen Donovan, had him placed in a locked, restricted ward at Grove Manor Nursing Home in Waterbury. His roommate was violent.
Later, when Gross was on a day visit to his Long Island home, he was hospitalized. Donovan brought him back to Connecticut in an ambulance against the wishes of Gross' New York doctor.
In June 2006, Superior Court Judge Joseph Gormley, at a dramatic writ of habeas corpus hearing, ordered Gross freed, declaring that "a terrible miscarriage of justice" had taken place and that the man had been "deprived of his liberty."
King, Gross' daughter, filed a federal civil rights lawsuit against Brunnock, Donovan, Newman and the nursing home. Brunnock, as a judge, could not be sued, but the U.S. 2nd Circuit Court of Appeals sent the question of immunity for the others back to the state Supreme Court for a ruling. King's lawsuit against Donovan, Newman and the nursing will now go back to federal court.
Newman's lawyer — who argued to the Supreme Court that his client's role was like that of a lawyer for a child — did not respond to my call. A lawyer for Donovan, Richard A. Roberts, said the ruling might mean that conservators and court-appointed lawyers will be forced to go to a judge for every decision they make.
But Fairfield Probate Judge Daniel Caruso, president of the association of probate judges, said that his colleagues will welcome the ruling.
"When the Supreme Court articulates and provides brighter lines as to what is and is not within the bounds of immunity, it helps everyone," he said.
Public-interest lawyers hailed the decision because it provides new accountability to a court system that critics say still lacks oversight.
"Our legal system has safeguards. Even when you are appointed by the court you are accountable for what you do,'' Tom Behrendt of the Connecticut Legal Rights Project told me.
When I reached King, she reminded me of her father's humiliation before a court that was supposed to protect him.
"He was robbed of his humanity at the end of his life,'' King said. "He was used as a pawn. They just ignored him."
We can't change that, but the elderly man's lasting legacy is a powerful one. If you are old or disabled, probate court is a less-frightening place thanks to Daniel Gross.
Now, we need to work on getting this here.....
Showing posts with label incapacitated adults. Show all posts
Showing posts with label incapacitated adults. Show all posts
Monday, March 26, 2012
Tuesday, March 20, 2012
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.....
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.....
Thursday, January 26, 2012
Beverly Hayes - Devon Bank
She's Sally Griffin's replacement. I sat directly behind her in court a few weeks ago in Honorable Lynne Kawamoto's courtroom. She was talking to the guardian of the person, I believe. I have to pull the file (and get back to you). Judge Kawamoto's clerk kept telling everyone to be quiet, to take it outside and move along quickly but Ms. Hayes kept talking. The woman she was talking to completely trusted her and I felt sick because I was the same way with Sally and Rick Block. That turned out to be a big mistake. They embezzled money from nineteen clients and still counting....
Anyway, Judge Kawamoto's clerk was telling the courtroom to be quiet, to take it outside and move along quickly but she kept talking (which was good because I heard every word and if she turns out to be untrustworthy like Sally Griffin, I've got that woman's back). The bailiff had to come over and tell her to leave the courtroom if she wanted to continue her conversation. It's so disrespectful to Judge Kawamoto and not surprising that it would be an employee of Devon Bank or affiliated with Amy McCarty. (I'm wondering who picked the bank? Devon Bank is the most expensive bank in the city to have manage your estate. Did Amy McCarty pick it out? That alone is financial exploitation of the elderly.)
I'm saying "Beverly Hayes" disrespected the court because the woman she was with doesn't make a living in the courtroom although, she should know better. It'll be interesting to see how this case turns out. Devon Bank has a three month thing. They start slandering the POA or guardian of the person three months after you open an account because they owe so many people and need their clients money to pay them off. So, they slander them to put one of their friends on board as GOP to squander the estate. I'll keep an eye on them to see if they're also going to use this poor soul to pay off their debts.
Anyway, Judge Kawamoto's clerk was telling the courtroom to be quiet, to take it outside and move along quickly but she kept talking (which was good because I heard every word and if she turns out to be untrustworthy like Sally Griffin, I've got that woman's back). The bailiff had to come over and tell her to leave the courtroom if she wanted to continue her conversation. It's so disrespectful to Judge Kawamoto and not surprising that it would be an employee of Devon Bank or affiliated with Amy McCarty. (I'm wondering who picked the bank? Devon Bank is the most expensive bank in the city to have manage your estate. Did Amy McCarty pick it out? That alone is financial exploitation of the elderly.)
I'm saying "Beverly Hayes" disrespected the court because the woman she was with doesn't make a living in the courtroom although, she should know better. It'll be interesting to see how this case turns out. Devon Bank has a three month thing. They start slandering the POA or guardian of the person three months after you open an account because they owe so many people and need their clients money to pay them off. So, they slander them to put one of their friends on board as GOP to squander the estate. I'll keep an eye on them to see if they're also going to use this poor soul to pay off their debts.
Wednesday, January 11, 2012
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.
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.
Monday, January 9, 2012
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
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
Sunday, January 1, 2012
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.
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.
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.
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.
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)
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
Subscribe to:
Posts (Atom)