23 February 2015

Elder Abuse, Financial Elder Abuse, Murder, Bedsores...

It wasn’t until a month after her father died that Linda Magel discovered something awry.

Sifting through boxes of bank statements, she realized $118,000 of her father’s life savings was missing, withdrawn from a Chase Bank branch her father had never stepped foot in.

After a months-long investigation, it became clear that John “Jack” Magel, a Livermore resident who suffered from dementia and early onset Alzheimer’s disease, had been swindled by a bank employee, who made off with a certificate of deposit worth $105,000 and other withdrawals using forged signatures. Magel, who wanted to pass the money to his heirs, died from cancer and Alzheimer’s in March at age 91.

A Grayridge man is in custody after allegedly abusing his mother and holding a gun to her head.

Michael Davis, 40, of Grayridge, was arrested Monday after a domestic assault call to the Stoddard County Sheriff's Department concerning an altercation Davis had with his mother, according to a police report. It was allegedly during that assault Davis had put a gun to her head.

The Prunedale man accused of killing his father and keeping the decomposed body hidden made an initial court appearance, but did not enter a plea to charges of murder and elder abuse.
Defense attorney Scott Erdbacher asked the arraignment of Matthew Roberts, 34, on charges in the death of 70-year-old Jerry Roberts, be continued to March 5. Monterey Superior Court Judge Marla Anderson granted the request. It was not immediately clear if Erdbacher will remain as Roberts' attorney; he told Anderson he was there by special appearance.

For some time researchers, including those under the aegis of the U.S. government, have estimated the extent of losses to seniors each year from financial abuse to be $2.9B per year.  A new study by True Link, a private financial services company, concludes that the actual figure is over twelve times previous estimates, or $36.48 billion each year.

What gives the study credibility to me is certainly not that it was sponsored by a financial services organization that wants you to buy its online protection tools. Rather, it’s that according to their report, the design of this survey was guided by recommendations of an expert panel of fraud researchers convened by the Financial Fraud Research Center at the Stanford Center on Longevity.

Every research study I have read on elder abuse, which includes hundreds of pages reflecting years of data collected tells us that most cases of financial elder abuse are not reported.

A case of alleged elder abuse in west St. Louis County is bringing attention to a problem that experts say is getting worse.

Fifty-six-year-old Timothy Barnes is charged with abusing his 82-year-old mother. Court documents show Barnes is accused of allowing his mother to live in total decay, among mold, feces, and broken glass. Police say she was deprived of food and clean water. And, the documents say she'd been bed-ridden for a year, and hadn't bathed in six months. Those documents also say the victim's other son would try and help, but Barnes would threaten him.

Experts say similar cases of alleged abuse go unreported all the time.

"It can be very devastating, to know that someone is either being treated like that, or has been treated in a manner that is inappropriate," said Donna Jasper, a social worker at the Mid-East Area Agency on Aging in St. Louis County.

Jasper has been in the business for 20 years. While she says abuse cases are 'not the norm,' even one case is too many.

"Primarily when you think about the frail senior adults that are most at risk, and someone can put them in such a situation that would cause them harm," said Jasper.

"They do it because the person is vulnerable, and they're not able to fight back unfortunately," said Mary Schaefer, executive director of the Mid-East Area Agency on Aging.

A former social worker with the Alabama Department of Human Resources pleaded guilty Monday to allegations that she abused her elderly, mentally handicapped brother, according to court records.

Yolanda Genean Thurman, 43, entered a blind plea to one count of elder abuse and neglect on the same day jurors gathered to be chosen for her trial.

The plea means Thurman could face as many as 20 years in the penitentiary.

Mobile County deputies arrested Thurman on May 21, 2013, after her brother, 74-year-old Byrd Bunkley Jr., was found covered in bed sores and malnourished while laying in his own feces, according to investigators. Thurman was her brother's caregiver. Bunkley requires round-the-clock care.

Mobile County District Attorney Ashley Rich said Bunkley's condition was so poor when deputies found him that some of his bedsores required skin grafts.

12 February 2015

Court Cases

Los Angeles County Superior Court Cases

BP 099 211 Conservatorship of Edwina Fuller

BP 118 616 Probate Thelsey L. Fuller

BP 122 665 Thelsey L. Fuller Trust

BP 135 381 Probate Edwina J. Fuller

2nd District Court of Appeal



Proposed Settlement; Thelsey L. Fuller Trust

1.      Robert Fuller and Doris Fuller, will give up their respective shares in the Thelsey L. Fuller Trust.  This will be construed as full satisfaction of the judgment against them [$300,000.00].
2.      Their objections against the accounting and the petition to disinherit them will be withdrawn as well as their request for attorney fees. 

The settlement will be presented to the court at the March 23, 2015 hearing.  This settlement would resolve all the issues between the Thelsey L. Fuller Trust and against Doris Fuller and Robert Fuller. 

There would be no further litigation or issues.

This ploy, this so called settlement offer is viewed as an attempt to circumvent the judgement against Robert Fuller and Doris Fuller and owed to the Thelsy L. Fuller Trust.

What this alleged settlement does is shield Robert Fuller and Doris Fuller from any repercussions for their actions, i.e. fraud, undue influence and financial elder abuse against Mr. Thelsey L. Fuller.

That said, once the Trust falls to within $50,000.00 the Trust must be distributed to the beneficiaries.

Re: 7.13. Early Termination of Trusts, Page 18

At this point it makes no difference whether or not Trust assets are expended to collect the $235,000.00 plus interest of $65,000.00  owed to the Thelsey L. Fuller Trust from Doris Fuller and Robert Fuller.

Attorney Teddie J. Randall is alleged to have filed a lien against shares of the Thelsey L. Fuller Trust belonging to principals, Shirley, Sandra and Steven in the amount of $25,000.00 each, for a total of $75,000.00.

    [Attorney Randall was ordered by the Court to collect his fees from Doris and Robert years ago].

It is estimated that the Temporary Successor Trustee, attorney Tala R. Davis's fees for the administration of the Trust will be $50,000.00.

As of this writing, the value of the Trust is estimated to be roughly $210.000.00

Robert has been advised that to make the settlement agreement palatable he and or Doris would need to come up with the money to pay attorney Randall's fees and the fees of Madam Trustee Davis for administration of the Trust.

Doris could borrow $125,000.00 against her house, $75,000.00 to Randall; $50,000.00 to Davis, and keep her house... in order to make a righteous settlement with the Trust and their siblings.

Otherwise, Doris's house must be seized by the Trustee and sold for the full amount of $300,000.00 the amount of the debt owed to the Thelsey L. Fuller Trust.

Now, the Court will make a determination in regards to how much money attorneys Randall and Davis may collect from the Trust.

So, why does it make any difference whether or not the Court makes a determination whether or not Doris Fuller and Robert Fuller will be disinherited from the Thelsey L. Fuller Trust?

"Of all the illegal and illicit enterprises in the world, elder exploitation is among the safest and most profitable."

06 February 2015

The Ageing Adult

Stage 8: The Ageing Adult

We return now to the stages. Any time from the late-fifties onwards, awareness may arise that the last main stage of life is approaching. From this point on certain evidences of decline start inevitably to declare themselves: changes in appearance, loss of agility, diminution in energy and initiative; perhaps some feeling of ennui or fatigue around activities – occupational business, child-care, or whatever – that may have been carried on happily enough over many past years. Of course, the onset of these things varies markedly from person to person, and perhaps with profession. Political or business leaders often remain both vigorous and committed to their work, well through their sixties. Many writers or creative artists may also go on producing through the same years, though they may have to find a ‘third period’ style.

However, for one and all in these later years a dilemma increasingly asks for resolution. As age advances, is the best thing simply to give up, more or less gracefully; to resign and prepare oneself for steady decline and death? Or should one fight to retain all the activities of earlier years (as well as the personal appearance that goes with them) as long as conceivably possible? Neither prospect is happy. On the one side there is a decline into second childhood and dependency, a status that modern society, with all its stress on high activity is only too willing to assign to the ageing. On the other, there is an ultimately ridiculous attempt to deny reality. On the one side, despair. On the other, impossible hope.

What is the way out? Here, even more than before, the difference should be noted between a compromise and a synthesis. Faced with the dilemma just described, it will be natural and sensible to strike balances: to lay down or reduce certain burdens, but to remain active in other spheres; to accept ageing appearance but still to groom and dress smartly; and so on. But a true synthesis does not just strike balances: it moves to a higher plane. What is really required, we suggest, is a final synthesis that may shortly be described ascaring acceptance. In this, the strand of giving-up is transmuted to a positive acceptance; acceptance of decline, likely ill-health, and death, as well as acceptance of the manifold happinesses, large or small, that life may bring until its very end. The strand of continuing drive and activity is transmuted into a more gentle and pervasive caring; caring in a giving and not just a feeling sense. In the fullest synthesis the two strands become so fused that each is simply an aspect of the other.

Speaking generally, every synthesis is a transcendence, literally a ‘climbing beyond’. But at this stage there is the possibility of transcendence of quite a new kind, namely, and unlike previous stages, a significant change from the hither-to-settled focus on one’s own immediate society and patch. There is a possibility of going beyond given family, friends, or tribe to an identification with human beings at large, to whatever classes, kinds or nations they may belong. To this may be added a new sense of closer communion with the natural world; with the world of plants, animals, and earth. There may be a lessening of a habitual concern for current affairs in favour of a greater recognition of the deeper processes of time and history. Overall, there may be a feeling of moving beyond one’s separate individuality to a sense of being simply a part of the great whole. Old age offers the last chance for such changes (though this does not mean to say that there cannot have been moves in this direction in earlier years).

In any event, age proffers one potential advantage for all concerned. In the nature of things, age implies some lengthy accumulation of knowledge and experience. Out of it, greater wisdom may grow. Much of the caring for others that may infuse a properly-developed old age will draw upon such a quality. Acting as the holders and purveyors of wisdom is the role of the grandparent in many traditional societies, and one that is in grave danger of being lost in many modern ones. Those in the prime of mature adulthood naturally carry most of the power in societies in their various roles as parents, trainers, executive leaders and mentors. But those in the stage beyond, as grandparents, counsellors, honorary presidents, or simply themselves, can offer something broader and greater. In all these ways then, the final stage need not be a miserable dwindling, but a yet-further evolution or transformation.

04 February 2015

Arrest Casey Kasem's wife

The late, legendary DJ Casey Kasem's daughter Kerri Kasem and family members staged a press conference at Stanley Mosk Courthouse in Los Angeles Friday to urge the Los Angeles Police Department to arrest Mr. Kasem's widow Jean Kasem.

Jean Kasem removed Mr. Kasem, along with his surgically implanted feeding tube, from a Santa Monica hospital on May 7 and took him to the Seattle area, where he died June 15, 2014. Then she took his body to Montreal and Oslo, where it sat in a freezer for months until he was buried in an unmarked grave shortly before Christmas. "If this isn't a case of elder abuse, I don't know what is," said Kerri Kasem attorney Martha Patterson. "It's equivalent to taking a baby out of an incubator."

"[Jean Kasem] took Casey on a five-day odyssey," private investigator Logan Clarke told THR. "They ran out of food, bought a six-pack of Ensure at a drugstore, poured it into the feeding machine, and jammed it -- and they're saying this woman didn't kill him? The nurse in the car took pictures of his colostomy bag full of blood. The cops have all the evidence. Belle Chen at the DA office told me she'd love to have a crack at this case. LAPD should be ashamed."

27 January 2015

To Collect Debts, Nursing Homes Are Seizing Control Over Patients

Lillian Palermo tried to prepare for the worst possibilities of aging. An insurance executive with a Ph.D. in psychology and a love of ballroom dancing, she arranged for her power of attorney and health care proxy to go to her husband, Dino, eight years her junior, if she became incapacitated. And in her 80s, she did.

Mr. Palermo, who was the lead singer in a Midtown nightclub in the 1960s when her elegant tango first caught his eye, now regularly rolls his wife’s wheelchair to the piano at the Catholic nursing home in Manhattan where she ended up in 2010 as dementia, falls and surgical complications took their toll. He sings her favorite songs, feeds her home-cooked Italian food, and pays a private aide to be there when he cannot.

But one day last summer, after he disputed nursing home bills that had suddenly doubled Mrs. Palermo’s copays, and complained about inexperienced employees who dropped his wife on the floor, Mr. Palermo was shocked to find a six-page legal document waiting on her bed.

It was a guardianship petition filed by the nursing home, Mary Manning Walsh, asking the court to give a stranger full legal power over Mrs. Palermo, now 90, and complete control of her MONEY!

Read the article.

Police visit Richard Simmons amid elder abuse allegations

RIchard Simmons at the 2013 MTV VMAs. (Photo by Jamie McCarthy/Getty Images for MTV)

Veteran fitness guru Richard Simmons had unexpected visitors on Friday night after police officers stopped by his Hollywood Hills home to investigate allegations of elder abuse.



23 January 2015

Ex-cop gets jail; Father, daughter charged 60 counts; Happy ending?

Ex-Pinole cop gets jail time for bankruptcy fraud in elder abuse case

HAYWARD -- A former Pinole police officer accused of tricking an elderly Pleasanton neighbor into leaving him her estate was sentenced Wednesday to 66 days in jail and five years felony probation.

"You did everything you could to get your mitts on what Ms. Jones had," Judge Michael Gaffey told Matthew Messier, who had been second-in-command on the Pinole police force before his 2012 retirement while under police investigation.

"Instead of being a law enforcement officer, you are now a felon," Gaffey said.

Danville Father, Daughter Accused of Cheating Seniors Face Elder Abuse, Money Laundering Charges

Each defendant is charged with 60 felony counts, including financial elder abuse, burglary, forgery, conspiracy and money laundering.

The owners of a home improvement company accused of ripping off dozens of seniors by selling them customized showers based on bogus claims are scheduled to make their initial court appearances Wednesday in Riverside.

Thompson Falls man convicted of elder abuse

SUPERIOR – It’s difficult to call it a happy ending, but when Ben Poat died in August, he got to do it in his own home.

That was all he wanted.

On Thursday, the man who authorities said took advantage of the 84-year-old to obtain ownership of Poat’s property, vehicles and control of his money, was convicted in Mineral County District Court.

A jury found Daryl Enos Strang of Thompson Falls guilty of two felonies: Purposely or knowingly abusing or neglecting a victim, and exploitation of an elderly person resulting in losses in excess of $25,000.

$142,000 was drained out of Poat’s bank account over the course of a year.

13 January 2015

Woman charged; Plea deal reached; Elder abuse arrest

Woman Charged
A woman faces charges of elder abuse and theft after prosecutors say she took nearly $50,000 in cash and property… 

Plea Deal Reached
Two nurse’s aides pleaded guilty Friday to misdemeanor battery of an elderly woman at a long-term care facility… 

Elder Abuse Arrest
Twin Peaks sheriff's deputies arrested 47-year-old Lake Arrowhead resident Isabelle Rose Flores (aka Isabelle Rose Pinkston) for alleged elder abuse after an alleged argument [assault] sent an elderly man to the hospital with a fractured bone…

10 January 2015

Woman accused of stealing from parents; Embezzlement charges; MONEY! GREED!

Agents with the S.C. Law Enforcement Division arrested a Fort Mill woman Thursday on accusations that she stole nearly $30,000 from her parents' checking account.

Amy Adams Baker, 49, of Baxter Village was charged with two counts of forgery, a felony that carries a penalty of up to 10 years in prison...


Elder abuse, embezzlement charges filed against piano shop owner

Schroeder Piano Company owner Peter Schroeder is the subject of 14 felony counts ranging from elder abuse to grand theft. PHOTO BY DAVE SCHWAB

After a months-long investigation, criminal charges have been filed by the District Attorney's Office against a Bird Rock merchant whose business practices have been called into question.

“There are 14 felony counts that I have filed against Peter Schroeder. Five are financial elder abuse, and the balance are either embezzlement or grand theft,” said Paul Greenwood of the DA’s office.


Viola Simonds

The tiny, frail senior sits on her bed in a sparse room, hungry, lonely and confused.

Her adult son yelled at the woman today and ordered her to stay in her room with no supper.

Although it’s her own home, she is too afraid to come out.

So she sits there, alone. And she cries.

Elder abuse.

It’s happening now, in your city, your town, even on your street.


Read more here: http://www.heraldonline.com/2015/01/09/6687674_sled-arrests-fort-mill-woman-accused.html?rh=1#storylink=cpy

26 December 2014

Attorney Charged With Murdering His 88-Year-Old Mother

WBTV: Son may have killed mother to cover up thefts

Arrested Person Image

The 88-year-old woman who police say was shot to death by her son Monday at an east Charlotte home was a longtime educator who was part of a Duke University documentary on the Jim Crow era of the South.

And the man accused of killing her was a practicing attorney in Virginia who, according to Observer media partner WBTV, may have killed her to cover up that he had taken MONEY! from her.

Imogene Yongue was found dead Monday afternoon at a single-story home in the 6100 block of Vernedale Road, off Sharon Amity Road, according to Charlotte-Mecklenburg police. They responded after receiving a call about the woman’s welfare, police said.

The woman’s 56-year-old son, William Henry Yongue, was at the home, police said. After questioning him for several hours, detectives charged the man with first-degree murder.

Read more here: http://www.charlotteobserver.com/2014/12/24/5405567/wbtv-charlotte-woman-killed-for.html#storylink=cpy

21 December 2014

Elder Abuse News

Robert Amonette (Provided Photo/IMPD)
INDIANAPOLIS (WISH) – Marion County Prosecutor Terry Curry announced that a man has been charged with robbing an elderly victim multiple times over the course of several months.

Robert Amonette faces one count of armed robbery and 28 counts of robbery, all felonies, after authorities say he repeatedly robbed an 86-year-old, forcing the victim to provide cash and withdraw money from a bank account.

According to the probable cause affidavit, Amonette knew his victim. The victim would leave home each day for a walk around the neighborhood and attempt to avoid Amonette, but Amonette would locate and follow the victim. Amonette would then drive the victim to a bank to withdraw cash. In one incident, Amonette was allegedly armed with a handgun.

Kirkwood's booking photo. (Credit: Rocklin Police Department)
ROCKLIN (CBS13) – A Sacramento woman is facing elder abuse charges after she allegedly bought hundreds of dollars worth of stuff using a stolen identity.
Rocklin Police say that a 74-year-old victim reported that numerous unauthorized online purchases had been made from his bank account. A total of $760 worth of items was bought, police say.
UNION, W.Va. -- A Monroe County jury has ordered a woman to pay $325,000 in damages in an elder abuse case.

The circuit court jury found Betty B. Brown liable for fraud, conversion, unjust enrichment and breach of fiduciary duties. Jurors awarded 98-year-old Isadora Beavers $151,777 in compensatory damages and $175,000 in punitive damages.


Jean Dombrowski in a photo supplied by the Philadelphia Police Department.
The live-in caregiver of an elderly East Frankford woman was being held on assault charges after the woman in her care was found starving, covered in filth, and suffering from festering, maggot-infested sores.
She later died in what city prosecutors Monday called one of the most horrific cases of elder abuse their office has ever seen, and prosecutors are now weighing a murder charge.

04 December 2014

Casey Kasem elder abuse case submitted to D.A.

The saga involving Casey Kasem’s unburied body continues.


"The saga involving Casey Kasem’s unburied body continues.

It’s been nearly six months since Casey’s death and the Los Angles Police Department has finally submitted its elder abuse case to the district attorney, reports TMZ.

The investigation, which was launched by Casey’s children, targets the late television legend’s widow,Jean Kasem.

The report claims Jean neglected her ailing husband in his last months, which caused infected bed sores, which may have contributed to his death."

21 November 2014


Actions Affecting Eligibility to Practice Law

Effective DateDescriptionCase NumberResulting Status

Disciplinary and Related Actions
11/20/2014Ordered inactive13-O-16490Not Eligible To Practice Law 
8/15/2014Notice of Disc Charges Filed in SBCt14-O-04073
8/11/2014Suspended, failed to pass Prof.Resp.Exam12-O-11263Not Eligible To Practice Law 
4/30/2014Notice of Disc Charges Filed in SBCt13-O-16490
6/30/2013Discipline w/actual suspension12-O-11263Not Eligible To Practice Law 

Administrative Actions
11/20/2014Suspended/Child & Fam Supp noncomplianceNot Eligible To Practice Law 
7/1/2014Suspended, failed to pay Bar membr. feesNot Eligible To Practice Law 
8/27/2013Suspended/Child & Fam Supp noncomplianceNot Eligible To Practice Law 
5/22/2013Suspended/Child & Fam Supp noncomplianceNot Eligible To Practice Law 
11/26/2012Suspended/Child & Fam Supp noncomplianceNot Eligible To Practice Law

19 November 2014

Would You Be Willing To Report A Family Member For Financial Elder Abuse?

It would take some nerve to report an abusive family member to law enforcement.  We also know from the National Center on Elder Abuse that most abusers are family members.  And they tell us that only 44 out of 1000 instances of abuse are reported to authorities.  Why aren’t more cases reported to the very authorities capable of stopping the abusers?

It seems to me that most family members are simply unwilling to “rat out” another family member even when they know that abuse is going on. When it comes to the elders themselves, there is shame and embarrassment  with being taken advantage of by someone close, and someone they really trusted, a grown child perhaps.  They hesitate. They are fearful.  They want to talk about it but not do anything about it.  And the reluctance to report the abuse to Adult Protective Services is not limited to the elders who can’t bear to call the authorities about a son, daughter or other relative.

Read the article:

See also: 
Is A Family Member Ripping Off Your Aging Parent?

18 November 2014

Daniel Kristof Lak - Stick a fork in him, he's done

11/20/2014Ordered inactive13-O-16490


Case Name:Lak, Daniel KristofCase Number:13-O-16490
Member #:216983Venue:LA
Status:OpenCase Filed:04/30/2014
Counsel:Pro PerDeputy Trial Counsel:Lee A. Kern
Assigned Judge:Yvette Roland

11/17/2014Motion: Bifurcate/Sever by State Bar Court/Own MotionBIFURCATE/SEVER FROM CASE NO. 14-O-04073
11/17/2014Motion: Default Pursuant to Rule 5.80/5.81 by State Bar Court/Own MotionDEFAULT PURSUANT TO RULE 5.80/5.81 (FAILURE TO APPEAR)
11/17/2014Hearing OrderTRANSFER INACTIVE 6007(E) EFFECTIVE DATE: 11/20/2014
11/17/2014Ruling On Motion Filed 11/17/2014: GrantedBIFURCATE/SEVER FROM CASE NO. 14-O-04073
11/17/2014Ruling On Motion Filed 11/17/2014: GrantedDEFAULT PURSUANT TO RULE 5.80/5.81 (FAILURE TO APPEAR)
11/12/2014Status ConferenceHELD,ORDERED TO TRIAL
11/06/2014Pretrial ConferenceNOT HELD,ORDERED TO STC
10/29/2014DocumentPRETRIAL STATEMENT
09/12/2014Ruling On Motion Filed 08/15/2014: GrantedEVIDENTIARY SANCTIONS FOR FAILING TO COMPLY WITH COURT'S JULY 30, 2014 ORDER
09/05/2014Ruling On Motion Filed 08/06/2014: GrantedMOTION TO STRIKE & SEAL PORTIONS OF R'S RESPONSE TO NDC
08/27/2014Pretrial ConferenceNOT HELD,ORDERED TO STC
08/27/2014Settlement ConferenceHELD,NOT SUBMITTED
08/27/2014Status ConferenceHELD,ORDERED TO PTC
08/25/2014Settlement ConferenceNOT HELD,OFF CALENDAR
08/15/2014Motion: Sanctions Non-Discovery by Deputy Trial CounselEVIDENTIARY SANCTIONS FOR FAILING TO COMPLY WITH COURT'S JULY 30, 2014 ORDER
08/12/2014Pretrial ConferenceNOT HELD,CONTINUED
08/06/2014Motion: Strike by Deputy Trial CounselMOTION TO STRIKE & SEAL PORTIONS OF R'S RESPONSE TO NDC
07/30/2014Ruling On Motion Filed 07/03/2014: GrantedCOMPEL DISCOVERY/SANCTIONS
07/16/2014Settlement ConferenceHELD,CONTINUED
07/08/2014Ruling On Motion Filed 06/24/2014: DeniedRULE 5.115/224 RECONSIDERATION
07/03/2014Motion: Compel Discovery/Sanctions by Deputy Trial CounselCOMPEL DISCOVERY/SANCTIONS
06/27/2014Motion ResponseRULE 5.115/224 RECONSIDERATION
06/24/2014Motion: Rule 5.115/224 Reconsideration by RespondentRULE 5.115/224 RECONSIDERATION
06/03/2014Status ConferenceHELD,ORDERED TO TRIAL