As Common As Child Abuse, Silent Epidemic, Prosecuting Elder Abuse

"Charlotte Miller never imagined her father, Douglas Smith was being abused. He was 80 years old and lived in Fairfield with Charlotte's mother. But the last few years of his life he was distant and quiet.

"When you're threatened that bad, you don't want anybody to know. Every time we brought it up, he would say, ‘It's none of your business, I'll take care of it,’" Miller told WLWT News 5's Sheree Paolello.

Miller watched her dad sell his home, his boat, everything. He even took on a job after retirement.

Finally, on Nov. 1, 2006, the secret was exposed.

Miller's nephew Joey Feltner beat and kicked Smith at a storage unit in Fairfield for almost an hour.

Smith was able to drive home but he died a few days later."

Read more: http://www.wlwt.com/news/local-news/butler-county/wlwt-investigates-elder-abuse-in-the-tristate/24648088


"The actual number of incidents is impossible to know, largely because victims often don’t report the abuse, said Eileen Mullarkey of the NYC Department for the Aging (DFTA) during her testimony.

The abuser exploits the elder’s vulnerabilities: isolation, cognitive loss, dependency on the caregiver, embarrassment, as well as physical fragility.

Most of the time the perpetrator is a family member, according to a study by the N.Y. State Bureau of Adult Services. The study found that family members are responsible for 85 percent of physical abuse, 81 percent of the physiological abuse, and 65 percent of financial abuse.

Entangled in family ties and knotted with fear, the elderly may not want to report the abuse, or if they suffer from dementia or similar conditions, they may not remember what happened. These factors add to the complexity of tackling elder abuse."

Read more: http://www.theepochtimes.com/n3/528337-elder-abuse-a-nearly-silent-epidemic/


"House Bill 409 proposes to modify existing laws to create a "presumption of exploitation" when someone takes advantage of an elderly or disabled victim. It also would provide criminal penalties for joint holders of a senior or disabled person's bank account who take money for their personal use.

Gainesville attorney Shannon Miller, who specializes in elder law, is part of a panel of lawyers, legislators and others from across Florida who developed the bill.

"When it comes to getting these criminal cases prosecuted we have literally beat our heads against the wall. Before this year we had no prosecutions in Alachua County on elder exploitation cases. None. Not a single prosecution," Miller said. "The problem the prosecutors have had is the statutes are really hard. You have to prove deception and intimidation. This legislation that is pending is literally groundbreaking.""

Read more: http://www.gainesville.com/article/20140222/ARTICLES/140229868/1002/news01?Title=Prosecuting-elder-abuse-bill-goes-to-committees

Just because the victim had died that doesn't mean that the abuser(s) should not be brought to justice.  The Ones should treat elder abuse as if it were a homicide, sometimes it is.

Pair Sentenced in Elder Abuse Case, 20 years

"Wiggins and Nesmith deprived Wiggins’s mother, 68-year-old Caroline Louise Thomas, of food and water and withheld her necessary medications, evidence showed.

Wiggins and Nesmith also removed the window air-conditioning unit and boarded up the windows to the room where Thomas spent most of her time, evidence showed.

In addition, they routinely spent Thomas’s Social Security checks which were electronically deposited into her bank account. The defendants immediately drained the account by withdrawing large sums in cash, evidence showed."

Read the entire article: Pair Sentenced in Elder Abuse Case

Let's Review Mr. Thelsey L. Fuller's Pressure Ulcers

http://benamarine.blogspot.com/2012/08/lets-review-pressure-ulcers.html

"FOLLOW THE $$$$$!"

http://benamarine.blogspot.com/2012/08/follow-money.html

Highlighted on this blog, Mr. Fuller was 92-years-old. 

How are his abusers still able to thumb their noses at the Courts? 

"Turn over all Trust assets" - which they have refused to perform.

The abusers have yet to be charged with anything???

"Do I make you nervous?"

It must be noted that Attorney Daniel Kristof Lak introduced this blog in open court.

Financial fraud prevalent, 'insidious' form of mistreatment

Senate bills strike a blow against elder abuse

The central objective among supporters of the legislation is to expand the state's legal right to answer alleged financial mistreatment among people older than 60.

“It’s an insidious form of abuse, one that our members see every day,” said Rachel Monger, director of government affairs at LeadingAge Kansas. “If we don’t act now, we feel like this problem will just keep getting worse.”

Representatives of Kansas Catholic Care, AARP of Kansas and the Kansas Alzheimer’s Association provided examples of financial mistreatment of the elderly. Their testimony revealed abuse was commonly perpetrated by members of a family on elderly relatives.

Read the full article:

http://cjonline.com/news/education/2014-02-12/senate-bills-strike-blow-against-elder-abuse

Elder Abuse, Probate Notes BP122665, 13 FEB 2014

Department    LA    11     Court Convened at:    10:00 AM    02/13/2014
Honorable James A. Steele
Connie Hudson , Deputy County Clerk     , Deputy Sheriff
Paula Renteria CSR 9374 , Reporter

BP122665       3002     FULLER, THELSEY L. - TRUST  
Trust Proceedings
Order to Show Cause Re Prelim Inj

Petitioner(s): Fuller, Robert   Fuller, Doris

Attorney(s): Oldman, Marshal A., Esq.

Continuance Number:     Continuance From:

Last Date Changed: Tuesday, February 11, 2014 11:32 AM

Last Note Changed By: RWADA

To clear probate notes "filed documents" must be submitted to Rm 429, within time frames set forth in Rule 4.4 (b) of LASC Rules. You may contact the Probate Attorney or Probate Examiner whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available on the Court's web site at www.LASuperiorCourt.org.

Filed 1/24/14 - ex parte set for hearing

SUMMARY
Petnrs are tr benes under amendment to the trust

FACTS -
Unless this Court issues the TRO, Petitioners fear that Patrick John Barnitt, Esq., as Successor Trustee of the Thelsey L. Fuller Trust, will distribute the assets of the Trust during the pendency of Petitioners' appeal of an order invalidating an amendment of the Trust naming Petitioners as the sole remainder beneficiaries of the Trust, making it difficult, if not impossible, for Petitioners to recover the assets of the Trust which are rightfully theirs under the Trust in the event they are successful in their appeal. Mr. Barnitt, as successor trustee of the Trust, is expected to receive by the end of this month sale proceeds from the sale of the Trust's interest in real property located at 1916 N. Belhaven Avenue in Los Angeles, California; Mr. Barnitt, as successor trustee of the Trust, has placed the Trust real property located at 8625 12th Avenue in Inglewood, California on the market for sale; and Mr. Barnitt has failed to return telephone calls and a written demand from petitioners' counsel for information regarding the trust.

MATTERS TO BE CLEARED -
***************************************
OBJECTIONS FILED: 2/3/14
OBJECTOR: PATRICK J. BARNITT
ATTORNEY: JEANNE M. FITZGERALD
********************************************
SUMMARY-OBJS
Objector is succ tee

FACTS-OBJS
Petnrs were the previous trustees who were removed at which time objector appointed; Petitioner's allegation that escrow is to close on the trust's one-half interest at the end of January, 2014, is erroneous. Confirmation of the sale of the trust's interest has not yet come before this court and no funds will be disbursed to the Successor Trustee at this time as alleged by the Petitioners. Therefore, no restraining order is necessary and this action was premature. The trust's property in Inglewood was listed for sale for a 90 day period from March to June, 2013. There is no current listing on this property. Petitioners and their relatives are still residing at this property, rent free. It appears from Petitioners' pleadings that they are attempting to re-litigate recent issues decided at trial, which concluded with a Judgment against them for $235,158, and their subsequent removal as co-trustees.

REPLY FILED 2/6/14 - Although Mr. Barnitt acknowledges that he is in the process of liquidating the real property held in the Trust, he nonetheless claims that the petition for the restraining order is premature because he has not yet received any sale proceeds. However, this petition would have been untimely had Petitioners waited to bring it until after Mr. Barnitt received the sale proceeds. In that case, there would have been nothing to prevent Mr. Barnitt from distributing the remainder of the Trust estate to Petitioners' siblings notwithstanding Petitioners' appeal. Thus, contrary to Mr. Barniti's claim, the petition is timely and not premature. Reply seeks Patrick John Baniitt, Esq to be instructed to prepare and file with this Court an account of the Thelsev L. Fuller Trust for the period beginning March 7, 2012. the date of his appointment, and ending with the date of the Court's order; that Patrick John Barnitt. Esq., be instructed to petition this Court for the settlement of the account and give notice of hearing on the petition; that Respondent Patrick John Barnitt, Esq., be restrained from distributing the assets of the Trust until the Court of Appeal decides Petitioners' appeal described herein above; that The Court order such attorney's fees and costs as may be allowable by law; and

MATTERS TO BE CLEARED-OBJS -
A. No proof of svc of objections filed

MATTERS TO BE CLEARED - REPLY
B. Request for accounting in this ex parte application not proper - no compelling authority or circumstances to order an accounting as a part of a "reply to objections" in petnrs' EX PARTE petition - this relief must be requested in a separately filed and noticed petn - no "relief" requested in the reply of petnrs to be granted at this time

RELIEF
1. JTD Preventing Patrick John Barnitt, Esq., as successor trustee of the Thelsey L. Fuller Trust, his agents, representatives and all persons acting under, in concert with, or for him, from distributing any assets of the Trust without further order of the Court.
2. JTD for issuance of a Temporary Restraining Order and an OSC re: Issuance of
Preliminary Injunction.
3. JTD OBJECTIONS - deny petn

PROB ATTY COMMENTS: would DWOP this petn - objector has a petn to have proposed action taken (sale of real property) set for 4/3/14 on the sale of the Belhaven property; as to the other real property, appears that property is only listed at this time
Rwada@lasuperiorcourt.org RW (2/11)
RECOMMENDED DISPOSITION:
RELATED ITEMS:

Order to be Prepared By     Clerk:     Attorney:

http://www.lasuperiorcourt.org/Probate/UI/

8625 S. 12th Ave, comp sold for $365.000 - 8905 S. 12th ave

CASE NO. BP122665 FULLER TRUST 13 FEB 2014 DEPT. 11 10:00 am

[Abuse of Thelsey L. Fuller (Edwina)]

Re: REPLY TO RESPONSE AND DECLARATION OF SUCCESSOR TRUSTEE TO PETITION COMPELLING TRUSTEE TO ACCOUNT AND TO REFRAIN FROM DISTRIBUTING TRUST ASSETS PENDING APPEAL

The ALLEDGED family member residing at the 8625 12th Avenue, Inglewood, California property is the daughter of one of the Abusers, Doris Fuller AKA Doris Fuller Stewart (“Doris”), Ijnanya Fuller (“Ijnanya”).  We do not hold creditable Mr. Oldman’s assertion that Doris’s daughter, Ijnanya, would withhold paperwork from her mother regarding the Inglewood Property while in litigation.  Therefore, the assertion that “neither” Doris nor Robert (Abusers) “were aware of the notice to quit” until this week is on its face - false and only serves to mask a primitive attempt to mislead the Court.
       
The Court found that the July 1, 2008 transfer of $235,152.28 from Thelsey L. Fuller (one of their victims) to the Abusers, Robert Fuller (Robert) and Doris “was caused by undue influence and against Thelsey L. Fuller.”

The Court also found that the September 16, 2008 amendment to the Thelsey S. (sic) Fuller Revocable Trust (Trust) dated July 23, 2008 was the result of undue influence and fraud on the part of Robert Fuller and Doris Fuller and against Thelsey L. Fuller (Thelsey).

In addition, the Court ruled that the very “acts” of Robert and Doris constituted ELDER FINANCIAL ABUSE, UNDUE INFLUENCE AND FRAUD against Thelsey L. Fuller.

UPON ADMITTING THELSEY INTO PACIFIC PALMS CONVELESCANT HOSPITAL ROBERT SIGNED PAPER WORK INDICATING THAT THELSEY SUFFERED FROM DIMINISHED CAPACITY. THIS WAS MERE DAYS AFTER ROBERT AND DORIS DROVE THELSEY TO THE BANK AND REMOVED THE MAJORITY OF THELSY’S MONEY FROM THE CITIBANK ACCOUNT. THELSEY ALSO HAD AN ACCOUNT WITH WELLS FARGO. THELSEY’S RETIREMENT PROCEEDS WERE PROMPTLY REMOVED FROM THE CITIBANK ACCOUNT EVERY MONTH JUST AS SOON AS THEY WERE ELECTRONICALLY DEPOSITED. THELSEY’S SOCIAL SECURITY CHECKS, PROCEEDS OF WHICH ARE UNACCOUNTED FOR TO THIS DAY.

It is our belief that ROBERT AND DORIS are also guilty of financial elder abuse against “Edwina Fuller,” (Edwina) Thelsey’s wife, by removing all the retirement funds out of Thelsey’s bank accounts.  The Court ordered that the Trust when controlled by Robert to turn over $ $107,692.30 to Edwina as her portion of Thelsey’s retirement.

Doris states in one of her declarations that she often cooked for Edwina.  According to all of Edwina’s caregivers when asked, they do not recall Robert or Doris visiting Edwina to visit let alone cook.  When Robert and Doris did come over it was to remove Thelsey from Steven Fuller’s (Steven) home in July of 2008 while Steven was at work. It is believed that this was done to prevent the Court from having the impression that Thelsey and Edwina, high school sweethearts, husband and wife had reconciled.  If Thelsey and Edwina had reconciled, that would mean that there would be less money for them at the time of eithers death.  Therefore, we believe that Robert and Doris separated them in an attempt to acquire the entire estate. Which is exactly what they did, though Edwina was still living.  Thelsey and Edwina were still married and beginning to hold hands and laugh together again.  Because of this it would be much more difficult for Robert and Doris to manipulate Thelsey into signing over all the assets to them.  Which is exactly and most expeditiously what they did once Thelsey was removed from the home of Steven and Edwina Fuller.  During his time in the home Thelsey acknowledged that Edwina was his wife.

A lot of testimony from Robert and Doris during the trial was not true, THEY PERJURED THEMSELVES.

After removing Thelsey from the home during the next year Robert and Doris would not allow family members to visit. If family, Sandra Arnold (Sandra) and Shirley Ritchey (Carol) were allowed in Doris’s home to visit their father, Thelsey, they were forced to endure extended periods of time waiting on the porch to get in.  Once allowed inside Sandra and Carol were not allowed to visit with Thelsey alone. Thelsey was never allowed to go on outings with them. WHEN ANYONE WOULD TELEPHONE TO SPEAK TO THELSEY THE CALL WAS PLACED ON SPEAKERPHONE. These disgraceful acts are signs of elder abuse.

Just days after Robert and Doris removed the large sum of $235,152.28 from Thelsey’s Citibank account, they dumped him at Pacific Palms Convalescent Hospital in Long Beach, CA against his will and refused to tell their siblings and other family members where he was located until AFTER his death. Over the course of his later years Thelsey always had made it abundantly clear that he did not want to be placed in a convalescent facility. Thelsey had over $400,000.00.

After reviewing Thelsey Fuller’s medical records, it is our belief that Robert and Doris physically neglected him by allowing him to lay in his excrement and body fluids for long hours.  This is the only explanation for him having two III Stage Decubitus Ulcers and one IV Stage Decubitus Ulcer in the middle of his buttock area. Thelsey’s medical conditions were observed and noted by Dr. Vu upon Thelsy entering the facility. Dr. Vu also noted that Thelsey, could benefit from medical treatment to alleviate some of his suffering and Kaiser would pay for it, Robert refused to allow Dr. Vu to treat these conditions.  Dr. Vu noted all of this in the medical record.  Robert’s refusal to allow Thelsey to be treated may have expedited Thelsey’s death, minimally it caused Thelsey more suffering.

It was noted on the medical record that the facility contacted Doris and asked that someone come to visit him because he was experiencing a mental decline.  Doris and Robert noted on his chart that he was to receive no visitors other than them and that Thelsey was not to be resuscitated. These disgraceful and immoral acts had to have caused great emotional strain to Thelsey L. Fuller, left to die without the love of family or treatment for his medical condition.

Thelsey died alone, broke and confused…believing that he had been betrayed and abandoned by his family.

We will live with this memory for the rest of our lives.

THEREFORE, the Court must enforce the Judgment After Trial conformed on March 19, 2012 as stated:

“The trustee of the Fuller Trust shall recover $235,158.28 from ROBERT FULLER and DORIS FULLER aka DORIS FULLER STEWART as individuals for which amounts ROBERT FULLER and DORIS FULLER aka DORIS FULLER STEWART shall be jointly and severally liable.”

06 NOVEMBER 2010

ELDER ABUSE, WHO DIDN'T I TELL?

http://benamarine.blogspot.com/2010/11/commitment-to-daddy.html

[THE ABUSERS ARE STILL AT LARGE]

Crime of the 21st Century - Financial Elder Abuse

Elder financial abuse has been characterized as the “crime of the 21st century.”

Tips for Seniors, Families to Help Prevent Financial Elder Abuse

Luciana Cramer

Don’t kid yourself: The enemy is formidable, and very real. Financial elder abusers are often creative, like the doctor in Florida who diagnosed everything as cancer, even a piece of chewing gum, and subjected 865 of his patients to multiple unnecessary surgeries. Financial abusers are often educated, like the New York State judge who forged his aunt’s power of attorney and took $163,000 from her accounts. Abusers are cunning, like the former insurance agent in California who forged his aunt’s signature to make withdrawals from the very same life insurance he sold her. Abusers are greedy, like the Houston lawyer who sold over $10 million in fraudulent securities to more than 80 victims. And they are determined to get away with your money.

Characterized as the “crime of the 21st century,” elder financial abuse is generally defined as “the unauthorized use or illegal taking of funds or property of people age 60 and older.” It is pervasive in every community and in all economic levels. It is under-recognized, under-studied, under-reported (only one in 44 cases are reported to law enforcement) and under-prosecuted. And elder financial abuse costs U.S. residents a jaw-dropping $2.9 billion each year.

With more than 70 percent of the nation’s wealth being controlled by people older than age 50, and with more than 40 million people age 65 or older, American seniors make attractive targets for abusers. Many seniors also experience decreased cognitive functioning due to mild cognitive impairment or beginning Alzheimer’s disease, which affects judgment and decision-making skills, making them more vulnerable to people looking to deceive them.

Learn more: http://www.noozhawk.com/article/preventing_financial_elder_abuse_20140203

Elder Abuse in the LBGT Community

Unique factors for LGBT older adults

For LGBT older adults, there are additional risk factors and forms of abuse:

A transgender person’s caregiver may not call them by their preferred name or pronoun or may not allow the elder to dress or wear their hair as they wish. This is elder abuse.

A same-sex couple may not be permitted to live together in a healthcare or housing facility. This is elder abuse.

A partner may not be allowed to show public affection for, or even visit, their partner in a nursing or long-term care facility. This is elder abuse.

The family of a deceased partner may ignore a Will and take the possessions of the deceased partner, leaving the surviving partner penniless and homeless. This is elder abuse.

Until there is full marriage equality, the state or federal government may tax the inheritance that a surviving partner receives because the government does not recognize their marriage. This is elder abuse.

Greater risk for LGBT seniors

Learn more:
http://10thousandcouples.com/issue/february-2014/article/elder-abuse-if-we-don-t-take-care-of-each-other-who-will#sthash.OE1QXuKJ.dpbs

Love the sinner more than you hate the sin.

Elder abuse is a crime.