Friday, December 30, 2011

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/.

Thursday, December 29, 2011

Death and Taxes Blog

He's leaving!  Accepted a new position!  Here's his post.  I'm completely devastated by his decision, doesn't he know there's not many good attorney's out there?  And why can't he keep the blog?!

He's selling off his domain name too and I hope he just doesn't hand to anyone.  He's been so dedicated to blogging, giving us facts, explaining the law, it's a really good site and I'm sad to see it go..... now, who's going to keep me informed that's honest or has integrity?!  Who can I trust?  I'll have to find out what that Tom Oloffson is up to.....

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.

Thursday, December 8, 2011

Devon Bank Trust Department - Putting Them Out of Business

I’ve been diligently working on letting the entire world know this bank is financially exploiting their elderly and disabled clients through guardianships. I Xeroxed their court files, wrote a 33-page report describing (in detail) financial abuse to 19 of their clients (in seven years), mailed it to every State and Federal agency I could think of, spoke to all those agencies (absolutely lovely people), Senator Kirk ordered a Federal investigation (along with everyone else in DC), I walked my adopted victims up Capitol Hill, spoke to all our legislators about the problem, sent it to the probate court judges and Chief Judge (because Devon Bank was hiding their 2011 court records from me) then I put it on Congressional record a few months ago. Devon Bank, Janna Dutton and Josh Mitzen made history. I even set up a blog on the victims’ behalf.

Last week, one of the probate court judges refused to approve Devon Bank’s fees. She said they charged way too much to manage an estate. God love that judge for looking out for the best interests of her wards.  I will publish the fees for the other banks so you can find one much more reasonably priced.  I try to court watch for all my adopted victims, make sure I know what's going on..... and now I'm adopting others while I'm on the 18th. 

I’m hoping to put that bank out of business or at least the Trust Department. I made a commitment to Rick Block (Senior VP of Trusts) and Snipped that I would do something about the fact that Snipped which just got worse. Why would Janna Dutton set up a trust account at the most expensive bank in the city if she was looking out for her clients best interests? I know, she was only looking to trap her client in guardianship to set up her retirement fund. For those of you emailing and complaining about this woman, don’t worry, I’m onto her next. If you’re upset about Josh Mitzen, email me at TamiGoldmann@aol.com. Someone is collecting information about him and will file a complaint. I don’t have time but send me the case number and information.


Wednesday, November 16, 2011

Probate Court Audit Reveals Money Oversight Issues

MEMPHIS, TN - (WMC-TV) - Shelby County Probate Court is the subject of the county's most recent internal audit.

The scathing report revealed the court is suffering from a pervasive lack of money oversight, including losing track of funds, unlocked cash drawers and unsealed confidential records.

The court is charged with the task of distributing assets to people who can't manage their own estate - be they deceased, senior citizens or children. It was particularly daunting when internal auditors found a list of oversight problems at high risk for loss or misappropriation of court funds.

Paul Boyd became clerk last September and is now trying to clean up the mess.

"We're doing what we're supposed to do and I have no fear of anything," said Boyd.

Auditors did not accuse Boyd or anyone in his office of any wrongdoing, but they have serious changes in store, including account reconciliation.

In one case the audit found a $128,000 difference between the balance in one investment account and the balance the court had on record. The audit says the court also lost track of money in some of their 635 accounts, and they did not keep up with interest earned on some of their $21 million in holdings.

"Every year, we're going to make a call right before the end of the year and make sure we have statements from all 600-plus accounts," said Boyd.

Auditors also uncovered only four percent of the checks the court paid out had the clerk's signature and the charge and cash receipts drawer had no lock.

Boyd said he is now signing the checks, and the cash box never had more than $150 because they work mostly with checks.

"Previous to the audit, we just had a shoe box that we had in the desk drawer," said Boyd. "The auditors came and said, 'this is not acceptable,' so we went and bought a cash box with a lock."

The audit also found the court system had access weaknesses. Former administrators could still log in to the computer system and sealed cases and mental health records were left unattended at times.

Boyd said the documents are now locked away and past administrators are now locked out.

"What we do is we make them inactive, which says they can't get anything, and then we change their passwords," he said.

He said his office is using computers from the 90s, but upgrading to computers that would better safeguard the court's money would cost a quarter of a million dollars in taxpayer funds.

Boyd hopes the County Commission will grant the upgrade, but in the meantime said he looks forward to the follow-up audit.

"We need the audit to come in to provide assurance to the public that nothing is stolen and everybody's doing what they're supposed to be doing," said Boyd.

Unlike the honest errors in Probate Court, clerks across the Mid-South have made news for dishonest behavior in recent months. Shelby County Chancery Court Clerk Brandon Gunn pleaded guilty to stealing court funds in excess of $1 million. It is still unclear how the money will be recouped.

Germantown Municipal Court deputy clerk Janet Donnell confessed to theft of city funds, but Germantown will not say how much she stole. Auditors in Germantown are going through the records to get a better handle of the losses there.

General Sessions Court Clerk Otis Jackson is suing the judges who removed him, after he was indicted for allegedly coercing staff members to contribute to his re-election campaign.

To read the Shelby County Probate Court audit, click here.

Copyright 2011 WMC-TV. All rights reserved.

Read the full story and watch the video here.

Saturday, November 12, 2011

The New Scam: Professional Conservators for the Elderly

How an Attorney in Chicago Fooled a Judge and Got Away with Elder Fraud

by Carole Wade, Contributing Columnist

No one wants to hear it. Innocent elderly women and men being scammed by welcoming seemingly sweet, lovely, and well-versed swindlers disguised as conservators. These new so-called conservators are entrepreneurs who see an aging population with checkbooks. Some of the alleged caregivers cultivate aging people for their own financial gain and interest.

While they may promise to take care of their charges, the victims soon discover that their lifetime finances have ended up in the hands of their conservator.

It can happen to you. It happened to a close member in my family. In 1990, a bearded man full of charisma, lies, and charm began courting (not literally) a wealthy older woman. According to the woman's friend, she told me, “I remember the man entering her life that night. He seemed to be carefully scouting out each person.” At this particular art reception, he promptly set his sights on a distinguished smartly-dressed man of eighty and his small fragile wealthy wife in her advancing years. In a voice that was soft but humorous, the professional attorney conservator said, “You are the most beautiful woman in the room. Are you a model?” The woman -- suffering from onset Alzheimer's replied, “How did you know?”

Although the lawyer’s record clearly reflected a numerous string of bushwhacked victims, not to mention that he knew very little about elder care of any kind, he immediately said, “I am here to help you. I will sit down with you and my new ‘adopted dad’ (her husband) tomorrow morning.”

Despite multiple warnings from their son, the gregarious newcomer and confidence man entered his mother's life. The chatty man fabricated his lineage according to what the elderly woman wanted to hear. He spotted her husband's desire to know royalty so he swiftly modified his background to include connections to the royal family of Spain. Within a few short months, the husband died and this champion scam-master attorney conservator became the sole legal representative for the widow's millions of dollars, while coldly and deliberately isolating the parent from her grown children.

The Los Angeles Times, “When a Family Matter Turns Into A Business” (November 13, 2005), paints a sad story about an elderly woman who now spends her time in the hands of a person she should not trust: A Conservator. Her new legal guardian.

The article quotes, “It was her (the conservator) responsibility to protect (the elderly woman) and conserve her nest egg. So far, (the conservator) has spent at least $200,000 of it. The money has gone to pay the conservator's fees and hire attendants to supervise the elderly woman around the clock, among other expenses.”

The Wall Street Journal's November 16, 2005, cover story relates this same experience to a beloved American: “Rosa Park's Death Stirs Up Bitter Feud Over Her Estate -- Family Fights Caregivers To Control the Legacy Of Civil-Rights Icon.”

Generally all this is unbeknownst to the children or to the elderly person's closest friends or even their physicians. First, they hear their parents mention a name. Second, his name is being built up into a “super hero.” Third, they discover he or she is in charge of their parents’ fortune and it is too late for them. And as The Los Angeles Times points out, professional conservator is a growing troubling new occupation.

After over a decade in court, the elderly man and woman in question in my life have passed away. Their son's lawsuit against the now disbarred attorney was lost. His parent's money is gone -- into the pocket of the marginal ex-lawyer who “got-away-with-it.”

I personally spoke with the District Attorney in Chicago on two different occasions in 1992 and 1993. He said to me, “This man is crafty and conniving. He is obviously unscrupulous and he cares noting about dividing, destroying, and alienating the family in question. This is how they flourish. File your case, but it can take twenty years.” The failed case took ten years and $ 360,000.00 in legal fees.

Was the Chicago legal system flawed? Yes. Did the Judge who handled the case understand professional conservators who are also attorneys? No. The Judge did not even read the case. He had his young inexperienced law clerk make the decision for him. Chicago's legal system failed to protect the elderly parents and the children in question -- permitting the hideous attorney to move thousands of miles west to start a new scam.

Today, the target age of people to swindle is over the age of sixty-five. When your parents are eighty and their wealth should pass on to their children, the new slimy conservators will pretend to “represent” both parties -- the parents and the children. But the only person winning is the scam-artist professional conservator attorney.

Professional conservators are skilled liars and experts at verbal camouflage. They know their success depends on it. Conservator/elder care is a new, growing and usually unregulated trade in the United States. The Los Angeles Times says it best, “...lawmakers and judges did not foresee that professionals would turn what had been a family matter into a business.”

About the Author: Ms. Wade is a writer who lives in Southern California. Her articles and comments appear frequently in The American Partisan, The Los Angeles Times (registration required free of charge), the Daily News, Internet newspapers, and monthly travel magazines. She also guests on the Al Rantel show. ***

© 2006 Carole Wade

Wednesday, November 9, 2011

Devon Bank Locations in Assisted Living Facilities

The Meadows of Glen Ellyn
60 N. Nicoll Ave.
Glen Ellyn , IL 60137
630-446-1600

The Devonshire of Lisle
1700 Robin Lane
Lisle, IL 60532
630-963-1880

The Seasons at Glenview Place
4501 Concord Lane
Northbrook, IL 60062
847-803-7100

The Heritage of Des Plaines
800 S. River Road
Des Plaines, IL 60016
847-294-0100

The Hallmark
2960 N. Lake Shore Drive
Chicago, IL 60657
773-880-2960

The Kenwood of Lakeview
3121 N. Sheridan Road
Chicago, IL 60657
773-404-9800

Hawthorn Lakes
10 E. Hawthorn Parkway
Vernon Hills, IL 60061
847-367-2516

Willows
10 East Hawthorn Parkway
Vernon Hills, IL 60061
847-367-2516

They have other branches but I have to drive over to them.  It "looks like" they're in Section 8 Housing and other facilities?  These facilities are owned by Brookdale Senior Living whom I believe took over Sunrise not too long ago.  A woman at one of these facilities had her account at Devon bank and she was moved by her niece to a nursing home.  "Somehow" Devon Bank got involved, trapped the woman in guardianship.  That was no coincidence.