30 September 2013

Monke: An eye-opening case of elder abuse

There is a type of abuse you don’t hear about much but is one psychologists believe has persisted for generations.

We often hear of spousal abuse and sexual abuse, while bullying has been the most recent hot-button issue. But rarely, if ever, do people think about elder abuse. Until recently, I was one of those people.

There is a family that is close to me and has been telling me about their ordeal involving their patriarch.

Their story began last summer when the man, whom I’ll call Grandpa, suffered a stroke. His prospects didn’t look good for what seemed like the longest time until he finally took a turn for the better.

Already well into his 80s, Grandpa was never going to completely recover from the stroke but perked up as well as one could. He began remembering his loved ones, understanding where he was and what happened to him.

Eventually, he was moved from a metropolitan hospital to an assisted living facility in the small town where he has long been a well-respected community leader. It appeared everything would go as smooth as it could for the once vibrant, self-reliant man now confined to a wheelchair and likely to live out his days in an assisted-living facility.

Unfortunately, his two daughters had differing opinions on his mental and physical state.

The youngest daughter, whom I will call Susan, was content to help keep her father comfortable and happy while helping him get as close to his old self as possible. The eldest daughter, whom I will call Dawn, felt her father’s mind was lost and that he could no longer be trusted to make decisions for himself — including how his money was spent.

This is where the problems began.

Renee Boomgaarden, who works for Badlands Human Services and holds a doctorate in clinical psychology, said financial greed can be the driving force behind many elder abuse cases.

“This happens more than we think,” Boomgaarden said. “Mainly it’s because of greed. Sometimes it’s people who want power and control, but it’s mainly greed.”

Grandpa did very well for himself in his career and in his long-term investments, so there was money to be had.

The family feud reached an apex when Dawn went to a lawyer, got power of attorney and began using Grandpa’s checkbook.

Read more here:

"FOLLOW THE $$$$$!"

26 September 2013

Ex-Cop Pleads "No Contest" Stole Father's Life Savings

A former Irwindale police officer accused of stealing his 89-year-old father’s life savings of $250,000 is expected to serve a year in jail after pleading “no contest” Tuesday to a charge of grand theft, authorities said.
Dennis Alva, 48, became a convicted felon after pleading no contest in Los Angeles Superior Court to a single count of grand theft, Los Angeles County District Attorney’s Office spokeswoman Jean Guccione said.
Alva’s father, Jess Alva, said the fact that the thief was his own flesh and blood made the process difficult.
“The worst part is, him and I were so close. We used to have breakfast at least two or three times a week,” Jess Alva said. The father added he had not spoken to his son since his arrest.
“I never thought he would do such as thing. He probably thought I was senile or something.”
Read more:
Siblings Robert and Doris Fuller were found to have committed fraud, undue influence and financial elder abuse by the Court (minimum of $235,000.00).  No criminal charges have been filed, no one in law enforcement (DA) has held them accountable for their theft. Superior Court of California, County of Los Angeles - BP099211, BP 118616, BP122665, BP135381. No bond has been paid, 2nd District Court of Appeal - B241450.

24 September 2013

Mickey Rooney film

Mickey Rooney film topic of Clinton Township elder abuse seminar

Harry and Ethel Glasner’s retirement in Florida allowed them to enjoy sun and warmth for many years. But their golden years ended on a sour note for their children as the mentally deteriorated Harry was exploited out of the couple’s life savings of hundreds of thousands of dollars. The nefarious act was accomplished by a man who claimed to be his son.

Making recovery of the funds virtually impossible, “The police refused to do anything about it,” said their daughter, Pamela Glasner, 59, of Connecticut.

“It never occurred to me that my parents could be at risk, and it never occurred to me after we found out that the police’s attitude would be so lackadaisical,” she said. “Most of the time they say, ‘Oh, this is a civil matter. Go get a lawyer.’

“The perpetrator even looked at me and boasted to me about it. He said we couldn’t do anything about it.”


"Who didn't I tell?"

23 September 2013

Documentary Aims To Protect Seniors' MONEY!

Cassandra Spratling, Detroit Free Press12:09 a.m. EDT September 23, 2013

One out of every 20 older adults will be victim of financial exploitation, expert says.

DETROIT -- Pamela Glasner's dad had Alzheimer's disease and was living in a nursing home when her mother died.

Glasner's brother contacted officials at the home to inform them that his dad was widowed and he'd be handling his affairs. The social worker told him another brother was already doing that. Big problem — there was no other brother.

A man neither Glasner or her brother knew had befriended their father, gained access to his financial accounts and stolen his money.

Glasner wants to make sure no other family goes through that.

To help, she produced a documentary film, Last Will and Embezzlement, featuring entertainer Mickey Rooney, also a victim of financial fraud. The film, on a national tour, aims to raise awareness about financial exploitation of elderly people.


Watch the trailer here:

22 September 2013

Couple arrested* in elder abuse, exploitation

RENO, Nev. (KRNV & MyNews4.com) -- On September 16, 2013, Russell Henderson and his wife, Dalaiah Johnson were arrested on charges of Elder Abuse, Elder Exploitation and Theft...


*In an unrelated crime of elder abuse, financial elder abuse, fraud, theft and undue influence siblings Robert Lewis Fuller [Buddha] & Doris Aleda Fuller aka Doris Fuller Stewart aka Ijnanya Fuller aka Doris Fuller are still at large.

But, hey -- that's in California!

19 September 2013

What's Wrong With This Picture?

16 Volume I Deposition of ROBERT LEWIS FULLER, a
17 Respondent, taken on behalf of the Conservator Steven
18 Fuller, at 3333 South Brea Canyon Road, Suite 121,
19 Diamond Bar, California, commencing at 10:53 a.m., on
20 Friday, February 18, 2011, before Lisa T. Owen, CSR No.
21 4475

1. The name and address of the Trustee is:


3333 S. Brea Canyon Road 
Suite 122 

Diamond Bar, CA 91765 
DATED: September 13, 2013

Too close for comfort, the attorneys involved [BP099211 et. al.] and their client.

Conservatorship of Edwina Fuller, Steven Fuller, Conservator

Deceased couples home sold, daughter 75 facing eviction

[California Probate Code Section 16500 et seq] 



Pursuant to Probate Code §§ 16500-16504, the Trustee hereby

gives notice to all beneficiaries of the above-referenced trust

that he intends to take the following proposed action: 

On or after October 29,2013, the Trust's fifty percent (50%) 

ownership interest in the real property located at 1916 North

Belhaven Avenue., Los Angeles, California 90059, will be sold to

TDC PROPERTIES, INC., 4223 Glencoe Avenue, Suite B-121,

Marina del Rey, California, for the sum of $76,625. This is an

all cash transaction. The property is sold AS IS. 

Realtors' commission = 5%. 

This sale will be concurrent with the sale of the fifty percent (50%)

share of said property which is owned by the Estate of Edwina

Fuller, Deceased, and which was confirmed by the Los Angeles 

County Superior Court on September 11, 2013, to TDC

PROPERTIES, INC., for the sum of $76,625. 

1. The name and address of the Trustee is:


3333 S. Brea Canyon Road 
Suite 122 
Diamond Bar, CA 91765 
Office: 909/594-0580 
Fax: 909/468-3667 
Email: Lawofficesofjeannefitzgerald@yahoo.com



THIS NOTICE IS BEING GIVEN PURSUANT TO PROBATE CODE SECTION 16502. If you do not object in writing or obtain a court order preventing the action described above, you will be treated as if you consented to the proposed action and you may not object after the proposed action is taken. If the trustee receives a written objection within the applicable period, either the trustee or a beneficiary may petition the court to have the proposed action taken as proposed, taken with modifications, or denied. Probate Code § 16501 (d) lists certain actions for which this notice may not be used.

2. If you need additional information concerning the proposed action, please contact:


3333 S. Brea Canyon Road 
Suite 122 
Diamond Bar, CA 91765 
Office: 909/594-0580 
Fax: 909/468-3667 
Email: Lawofficesofjeannefitzgerald@yahoo.com


DATED: September 13, 2013

    Attorney for Successor Trustee




I OBJECT to the proposed action described above. 

Signature of Objector: 

Print name: 
Telephone Number: 

I CONSENT to the proposed action above. 

Notice: You may indicate your consent by signing and returning this form (all pages) to the trustee at the address in item 1 a. If you do not object or obtain a court order before the date specified above, you will be treated as if you consented to the proposed action. 

Signature of Consentor: 

Print name: 
Telephone Number: 

14 September 2013

CA Quickly Dismissed Elder-Abuse Cases, Investigation Reveals

State regulators have been conducting "cursory and indifferent" investigations of complaints against caregivers for the elderly, disabled and sick, even when those cases involve suspected abuse or suspicious death, according to an investigation by the Center for Investigative Reporting and KQED.

Documents obtained by CIR also reveal the California Department of Public Health dismissed nearly 1,000 pending cases of abuse and theft over the past decade, when the state was dealing with a backlog of cases.


Which is exactly why those state workers tasked with elder abuse issues and enforcement must have their paychecks tied to performance, including all those that work for APS, the DA and the AG's office.

Otherwise, they are simply living off the public dole.


10 September 2013

Suspended Attorney Still Practicing Law!?!?!?

Elder Exploitation, Woman on Trial

 — Margie Thelma Miller was an elderly and “incapacitated” woman who lived in York all her life and stood to inherit thousands from two life insurance policies her sister left her until her court-appointed guardian took half of it, prosecutors say.
Shirley Steele Patton, who held Miller’s power of attorney and is now standing trial for exploiting her financially, is like a child who tried to pour herself a glass of juice, but spilled it, making a mess, her defense attorney said.
Patton, 54, of Waxhaw, N.C., is for the second time this year standing trial after police accused her of stealing money from Miller – deemed by a probate judge to be a vulnerable adult unable to make her own decisions – twice in 2011.
Last August, York Police arrested and charged Patton with breach of trust with fraudulent intent and exploitation of a vulnerable adult after they say she used her status as Miller’s power of attorney to request that a life insurance company send checks to a Charlotte address.
Patton took those checks and deposited them into a Bank of America account under both her and Miller’s names, police said. She paid herself with Miller’s money, spending more than $123,000.
Miller died last September without ever seeing a dime. She was 87.
Learn more:

11 SEP 13
Update, Patton pleaded guilty and received four years in jail, five years probation and must pay back the MONEY! she stole.  Had she pulled her crime in L.A. County it's highly unlikely that she would have been charged.

09 September 2013

"Diminished Capacity" for Lawyers

Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers

With the coming demographic avalanche of Boomers reaching their 60s and the over-80 population swelling, lawyers face a growing challenge: older clients with problems in decision-making capacity.

16 key questions...

1. What are legal standards of diminished capacity?

2. What are clinical models of capacity?

3. What signs of diminished capacity should a lawyer be observing?

4. What mitigating factors should a lawyer take into account?

5. What legal elements should a lawyer consider?

6. What factors from ethical rules should a lawyer consider?

7. How might a lawyer categorize judgments about client capacity?

8. Should a lawyer use formal clinical assessment instruments?

9. What techniques can lawyers use to enhance client capacity?

10. What are the pros and cons of seeking an opinion of a clinician?

11. What if the client’s ability to consent to a referral is unclear?

12. What are the benefits for the lawyer of a private consultation with a clinician?

13. How can a lawyer identify an appropriate clinician to make a capacity assessment?

14. What information should a lawyer provide to a clinician in making a referral?

15. What information should the lawyer look for in an assessment report?

16. How does a clinical capacity evaluation relate to the lawyer’s judgment of capacity?

Learn more:

08 September 2013

SWAT team kills 107-year-old Arkansas man

SWAT team kills 107-year-old Arkansas man in shootout
CBS NEWS/ September 8, 2013, 7:07 AM

A 107-year-old man was killed during a shootout with members of an Arkansas SWAT team Saturday evening.
In a statement to CBS affiliate KTHV-TV in Little Rock, the Pine Bluff Police Department say the incident occurred after officers responded to a disturbance.
Upon arrival, police found an "Aggravated Assault" against two people had occurred. The 107-year-old, Monroe Isadore, pointed his gun at the policemen who responded and at some point barricaded himself inside a bedroom, according to CNN.
Police say that when they approached the bedroom where Isadore was hiding and announced their presence, he shot at them. Backup was called in, as well as a SWAT team, and further negotiations failed to get Isadore to turn himself in, according to police.
A small camera determined Isadore was armed with a handgun inside the bedroom.
Then, the police statement claims: "S.W.A.T. inserted gas into the room, after it was evident negotiations were unsuccessful, in hopes Isadore would surrender peacefully. When the gas was inserted into the room, Isadore fired rounds at the S.W.A.T. officers that had inserted the gas from outside a bedroom window.
"Shortly afterwards, a S.W.A.T. entry team, inside the residence, breached the door to the bedroom and threw a distraction device into the bedroom. Isadore then began to fire on the entry team and the entry team engaged Isadore, killing him."

04 September 2013

Justice Delayed is Justice Denied

From: <Notify@jud.ca.gov>
Date: Tue, Sep 3, 2013 at 6:16 PM
Subject: California Court of Appeal Case Notification for: B241450

The following transaction has occurred in:
Conservatorship of Edwina Fuller v. Fuller et al.
Case: B241450 2nd District, Division 8

Date (YYYY-MM-DD):              2013-09-03
Event Description:              Requested - extension of time

filed as stip (order required)

For more information on this case, go to:

This has been the abusers er, criminals tactic from the very beginning.

Delay, delay, delay.

"Justice delayed is justice denied" is a legal maxim meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all. This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because it is unfair for the injured party to have to sustain the injury with little hope for resolution. The phrase has become a rallying cry for legal reformers who view courts or governments as acting too slowly in resolving legal issues either because the existing system is too complex or overburdened, or because the issue or party in question lacks political favour.


02 September 2013

Spotting Elder Financial Abuse [Wells Fargo]

Spotting Elder Financial Abuse


A Wells Fargo client in California thought he had hit the jackpot. The 78-year-old husband and father was contacted by people claiming to be from the Costa Rican lottery. They told him he had just won $5 million. But before he could collect the proceeds, there were a few formalities. They first needed some personal information to confirm his identity. And they also needed money to pay off various taxes and fees associated with the winnings.

Although elderly, the client was "all there," according to Ronald Long, director of regulatory affairs at Wells Fargo Advisors and one of the leaders of the firm's elder financial abuse prevention efforts. But there were circumstances in the client's life that made him susceptible to the scam. His 76-year-old wife was in poor health and bedridden. The costs of her treatment were considerable and a continual source of stress. "The thought that he had the chance to get more money to make their lives easier was attractive to him," Long says. "And these people fed on it."
Learn more:
Wells Fargo Advisors began tracking the elder financial abuse cases it encountered in August 2010, Long says. From an average of about 30 cases a month, they now count well over 100. "All of us need to be engaged, to be aware, keeping an eye out and making reports to the appropriate authorities if we see conduct that seems off-kilter," he says.