Thursday, May 9, 2024

Senator Bob Casey Introduces Legislation to Educate on Alternatives to Guardianship

U.S. Senator Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, recently introduced the Alternatives to Guardianship Education Act. The proposed legislation aims to safeguard older adults and individuals with disabilities by promoting awareness of alternatives to guardianship among educators, healthcare providers, court workers, and family members. Guardianships, which are established when a court determines a person is unable to make significant decisions independently, have sometimes led to the loss of autonomy and abuse. The bill emphasizes education on alternatives like supported decision-making and advance directives to potentially reduce abuse.

Senator Casey highlighted that while high-profile cases have increased visibility of the issues within guardianships, there is a significant need for public education on the alternatives that uphold civil rights and provide necessary support. The bill proposes a public education campaign to further these goals.

This initiative is part of Senator Casey’s broader efforts to address issues in guardianships. Previous actions include collaborating with Senator Elizabeth Warren (D-MA) in July 2021 to inquire about guardianship data and promoting alternatives with the Health and Human Services Secretary. In October 2021, Casey introduced the Guardianship Accountability Act to enhance oversight and training to detect abuse in guardianships. He also raised public awareness through an Op-Ed discussing the implications of Britney Spears’ conservatorship case.

In 2023, Casey conducted a hearing titled “Guardianship and Alternatives: Protection and Empowerment,” where he introduced the Guardianship Bill of Rights Act, aiming to establish alternative arrangements and standards to protect the civil rights of those under guardianships.

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Senator Bob Casey Introduces Legislation to Educate on Alternatives to Guardianship

AG Nessel Receives Alzheimer’s Association Michigan Chapter Excellence in Leadership Award

LANSING – Yesterday, Michigan Attorney General Dana Nessel received the Excellence in Leadership Award from the Alzheimer’s Association Michigan Chapter for her work to combat elder abuse through Michigan’s Elder Abuse Task Force.

The Task Force launched in 2019 and consists of more than 55 different organizations and more than 100 individuals in the public, private, and nonprofit sectors.  

“The Alzheimer’s Association Michigan Chapter has been a tireless advocate for our seniors, leading the way in making our state a place where residents can grow older with the assurance that their rights and freedoms will be preserved,” Nessel said. “I am honored to receive this award and am proud to have the Alzheimer’s Association as part of the Elder Abuse Task Force.”

"It was an obvious choice for the Alzheimer's Association Michigan Chapter to recognize Attorney General Dana Nessel with this year's Excellence in Leadership award," said Jennifer Lepard, President & CEO of the Michigan Chapter. "Ensuring the state’s most at-risk populations are safe and secure has been one of her core initiatives, most notably through the Elder Abuse Task Force, on which the Association also works. Through this initiative and additional extensive work in her time in office, Attorney General Nessel has proven she is a true advocate for the state’s most vulnerable, including those living with Alzheimer's and dementia."

Achievements of the Elder Abuse Task Force include the adoption of a Vulnerable Adult Incident Report form (PDF) for investigation by law enforcement across the state, including the implementation of related trainings. Additionally, the Financial Exploitation Prevention Act was signed into law in 2021 to ensure mandated reporting for financial institutions on suspected fraud or exploitation. Both were part of the Task Force’s first set of initiatives (PDF).   

The Task Force is also working with legislators to reform Michigan’s guardianship and conservatorship practices.  

It is estimated that more than 100,000 older adults in Michigan are victims of elder abuse and that less than half of all instances are reported to authorities. Michigan residents seeking elder abuse resources are encouraged to call 800-24-ABUSE (22873), or 855-444-3911 to report suspected elder abuse.

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Source:
AG Nessel Receives Alzheimer’s Association Michigan Chapter Excellence in Leadership Award

U.S. Attorney's Office Announces the Formation of Multi-Agency Health Care Fraud Task Force


Together with state and federal partners, U.S. Attorney Adair F. Boroughs announced the formation of the Palmetto Health Care Fraud Task Force (PHCF Task Force), which has been created as a dedicated task force to combat health care fraud and recover taxpayer money in the District of South Carolina through criminal and civil actions.  Other agencies that have joined the PHCF Task Force include investigators from the Department of Labor and the South Carolina Attorney General’s Medicaid Fraud Control Unit.  

In February 2023, the FBI, U.S. Attorney’s Office for the District of South Carolina, and other federal, state, and local agency partners began meeting as part of a Health Care Fraud Working Group with the goal of combatting health care fraud in the District of South Carolina.  The PHCF Task Force was created after the FBI and the U.S. Attorney’s Office saw great success from the Working Group meetings. The creation of the PHCF Task Force demonstrates an increased effort to bring to justice those who defraud the health care system, to deter future health care fraud and abuse, and to promote trust in the healthcare system. Additional resources available to the PHCF Task Force will include the FBI's Data Analytics Response Team (DART), numerous forensic accountants, and Intelligence Analysts from various agencies, which all will promote efficiency in prosecuting cases.

Health care fraud is an enormous burden on South Carolina taxpayers. In 2023, taxpayer funded healthcare programs spent approximately $23 billion in South Carolina alone. Although it is difficult to approximate the amount of money lost to waste, fraud, and abuse each year, the Government Accountability Office estimates it could be as much as 10% of money spent. The PHCF Task Force will better equip the United States to detect wrongdoers and recoup money lost to fraud in South Carolina—which costs taxpayers billions each year. 

The PHCF Task Force and agencies involved in the Health Care Fraud Working Group will meet regularly to aggressively investigate allegations of false billings, COVID-19 fraud, violations of the Anti-Kickback Statute, and other schemes that victimize patients, health care providers, private insurers, and government insurers, such as Medicare, TRICARE, and Medicaid, in the District of South Carolina.

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U.S. Attorney's Office Announces the Formation of Multi-Agency Health Care Fraud Task Force

Wednesday, May 8, 2024

New Georgia law targets elder, incapacitated adult abuse

By Eric Mock

Gov. Brian Kemp has signed a new law that will help prosecutors crack down on people who harm the elderly or those who can't take care of themselves. The law is called HB 218.

The new law allows a "surrogate" to speak in court on behalf of the person who has been hurt if that person is unable to speak for themselves. Georgia has become the first state in the country to allow someone to stand in court on behalf of mentally incapacitated adults over the age of 17, provided the victim previously reported the abuse to them.

"This is just another tool that our prosecutors now have to go after the bad guys who are trying to abuse our state's most vulnerable people," said Rep. Scott Hilton. "There was one in Cobb where a school bus driver slapped in the face, a child with Down's syndrome. He then told a forensic interviewer, and that interview was not allowed or was not admissible into court."

"It's very significant. So somebody doesn't get to walk away scot-free," said Joe Gavalis, the law enforcement coordinator for the North Georgia Elder Abuse Task Force.

He said the law would have been especially helpful in a recent case in which a 91-year-old woman was interviewed by police after experiencing a case of alleged sexual abuse at the facility she was living in.

"And in two weeks, God bless her, she passed away," Gavalis said. "Well, that case goes nowhere under the old law. Now, there is a good possibility, using this law, that cases like this can be brought forward and have the investigator who took the record, who did the interview, can be put on the stand and be cross-examined."

Rep. Sharon Cooper expressed hope that this new law would convey a powerful warning that Georgia is determined to protect its elderly population and will harshly penalize those who exploit vulnerable individuals.

"It's very important that we make people in Georgia realize that you cannot take advantage of our elderly if you do. We're going to go after you and the punishment is going to be severe," she said.

Now that HB 218 is a real law, Gavalis says Georgia leaders are going to spread the word all over the state.


Full Article & Source:
New Georgia law targets elder, incapacitated adult abuse

Charleston Probate Judge Faces Purchasing Card Scrutiny


“These expenditures did not meet our guidelines, and these guidelines must be followed by everybody.”

Charleston’s probate court processes 2,000 estates, marries 5,000 couples and commits 2,000 individuals on an annual basis. Condon – first elected Charleston County’s probate judge in 1994 – established drug and veteran’s courts in the county, which are models of “treatment courts” studied by other attorneys throughout the country.

Despite these accomplishments, Condon’s recent dust-up with county council is not the first time his office stands accused of inappropriate behavior. For example, Condon’s court failed to act in a timely manner when former Charleston mayor John Tecklenberg made himself multiple loans from the estate of his then-92 year old former-neighbor, Johnnie Wineglass.

Wineglass, who was incapacitated with Alzheimer’s disease at the time of the incident, first entrusted Tecklenberg with her financial affairs in 2008. During his 2016 mayoral campaign Tecklenberg made himself a $25,000 loan from her account without the expressed approval of the court and without properly notifying other interested parties as is required per S.C. Code of Laws § 62-3-713.

While Tecklenburg documented the loan and repaid it with interest, the fact it was improperly issued (and that Condon didn’t stop him) drew the ire of law enforcement investigators and members of the public at the time. Condon went on to implement a conservatorship management system in an attempt to prevent further abuses going forward.

Condon has also faced scrutiny from this news outlet for hiring his niece, Theresa Padron, as a customer service representative in 2017. Pardon went on to become an estate clerk the following year. 

Condon’s latest troubles originate from an audit requested by county council chairman Herbert Sass after county employees brought purchasing irregularities to the attention of council. The audit (.pdf) revealed “numerous p-card purchases that were violations of county policies and procedures” including the purchase of a gift card for the office March Madness pool winner, a Chewbacca mask shipped to a personal address and more than $6,000 of food from restaurants and stores without the requisite pre-approval or documentation.

While Sass wasn’t present as council reviewed the results of the audit, councilwoman Jenny Costa Honeycutt expressed her displeasure with the purchases.

“I’ll be honest these situations embarrass me, they’re an embarrassment to government, it looks like we can’t control our expenditures,” she said.

“The probate judge does a fantastic job in his office,” Costa continued, but “these expenditures did not meet our guidelines, and these guidelines must be followed by everybody.”

Condon appeared before the council of his on volition last week to explain the purchases. Condon told council members “all the items were budgeted, and they are all spent on operations for our probate court.” 

“I didn’t realize that somebody could work forty years for Charleston County and I can’t buy them a $130 lunch for 20 people at Costco,” Condon said. “Come on – What are you telling the employees of Charleston County? We’re not here for you?”

Despite Condon contending that the money was spent for the benefit of Charleston County taxpayers, he fired his former financial head in the fall of 2023.

Condon told the council he “fired the financial officer that I had for many many years.”

Condon called this former employee a “longtime friend” whom he “thought that person was protecting my backside.”

Once it became clear to Condon that his employee wasn’t complying with county protocol, however, he fired the individual and requested the county audit the office.

Councilman C. Brantley Moody told Condon “I don’t think anybody’s questioning whether some of these charges may be viable for the citizens of Charleston County, but what I think you’re not seeing yet is you can’t ask for forgiveness every time.”

“You can’t go out and do it and go well I’ll just figure it out later, it’s just got to be followed,” Moody said.

Condon’s office, per the South Carolina Constitution, is independently operated by it’s elected head. While Condon’s budget is set by the council and he must abide by county purchasing policies, the county administrator has no control over his day to day operations, meaning the responsibility to hire managers capable of ensuring compliance with policy falls solely on Condon’s shoulders.

P-cards have time and time again proven to be magnets for inappropriate purchases in South Carolina. FITSNews asked Condon how he would prevent this problem from continuing at his office.

“We’re going to reduce the number of P-cards from seven to either one or zero,” he said.

Condon told FITSNews the office may have to retain a card to purchase from vendors who require credit cards, but that all purchases will henceforth be cleared through the county finance office before disbursements are made. Condon also offered to reimburse the county.

Council members tasked county staff with proposing an appropriate amount to be returned, as well as whether to return Condon’s p-card access.

Count on FITSNews to continue to monitor South Carolina’s courts, elected officials and how your tax dollars are being spent.

Full Article & Source:
Charleston Probate Judge Faces Purchasing Card Scrutiny

Kelley Roberts sues Rehana Harborth for financial abuse of an elder


By Northern California Record 

In the Superior Court of California, Sacramento County, Kelley Roberts has filed a lawsuit against Rehana Harborth and others (Case Number: 34-2022-00319058) on April 28, 2022. The suit alleges financial abuse of an elder, fraud, breach of fiduciary duty, imposition of constructive trust, and slander of title.

Roberts is represented by Attorney Thomas D. Walker and is suing for an amount exceeding $25,000. The defendants include Rehana Harborth (also known as Ronal Harborth), Nicqueline Barthus (also known as Niquiele Barthus and Nicky Barthus), Trent Barthus, Kalin Barthus, Jade Barthus, Erenc Harborth, Dean Barthus, Hannah Barthus, Tyler Q. Dahl and Does 1 through 20.

The plaintiff alleges that the defendants entered into a relationship with Jerry B. Da Valle approximately two years prior to his death and became his "Care Custodians". It is alleged that the defendants wrongfully attempted to secure property for themselves following Da Valle's death.

Roberts seeks judgment against the defendants for their alleged actions which have resulted in financial abuse of an elder (Jerry B. Da Valle), fraud, breach of fiduciary duty among other allegations.

Full Article & Source:
Kelley Roberts sues Rehana Harborth for financial abuse of an elder

Tuesday, May 7, 2024

I-TEAM: Caregiver arrested after man with special needs found wandering the street

A mother from Metairie is furious after she says her adult son, who has special needs, was abandoned by those she trusted to take care of him. 

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I-TEAM: Caregiver arrested after man with special needs found wandering the street

I-TEAM: Caregiver arrested after man with special needs found wandering the street - 2

Pictures obtained by the WAFB I-TEAM speak for themselves, showing the conditions inside an apartment where a woman’s special needs son was allegedly neglected. 

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I-TEAM: Caregiver arrested after man with special needs found wandering the street - 2

Heat Rescue: Good Samaritans Save Elderly Citizen

A group of good samaritans, including a Maricopa County Public Health employee helped saved an elderly woman who was in distress in the triple-digit heat.

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Heat Rescue: Good Samaritans Save Elderly Citizen