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Proactive Legislation And The Inclusion Of Seniors In Our Society Are Steps To Protecting Them Against Predators

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Posted by: National Association to Stop Guardianship Abuse

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Proactive Legislation And The Inclusion Of Seniors In Our Society Are Steps To Protecting Them Against Predators

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A disturbing aspect of an  elder law and trusts and estates practice is the discovery of elder abuse. According to the National Institute on Aging, hundreds of thousands of adults over the age of 60 are abused, neglected, or financially exploited each year. Elder abuse includes physical, emotional, and sexual abuse in addition to neglect and abandonment.  The perpetrators are often relatives or friends who have influence over the individual who may be vulnerable due to illness, disability, or age. Sometimes the abuse occurs at the hands of caregivers, whether in the home or in a facility.

New York Senator Kirsten Gillibrand has introduced bipartisan legislation to help protect the elderly and infirmed by improving health care worker hiring practices in long-term care and medical facilities. Too often the elderly and infirmed are harmed as a result of the individuals working in the very facilities that are charged with helping rehabilitate them.

The Promote Responsible Oversight and Targeted Employee Background Check Transparency for Seniors Act, also known as “PROTECTS,” is an act that would expand access to the National Practitioner Data Bank for Medicare and Medicaid providers to conduct background checks on employees. Specifically, PROTECTS would include Medicaid/Medicare-certified skilled nursing facilities, home health agencies, hospice programs, and pharmacies.

The Act has been endorsed by the American Health Care Association and the National Association for Home Care & Hospice. The aforesaid Data Bank would reveal malpractice for potential employees and assist facility administrators in their hiring and consequently affect the standards of care.

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URGENT HELP NEEDED – 317-590-0876 – A REAL CONSERVATIVE REPUBLICAN JUDGE?

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For the past few years, author, educator, and elder and child advocate, Dr. Beverly Newman, has been discriminated against in the Indianapolis court system, where her decades-old incurable, progressive disabilities are discounted and even denied.  Since 2015, Dr. Newman has not even been a party to her Dad’s probate case (Cause No. 49D13-1009-ES-040244) before Judge James Joven, but he continues to issue orders against her as a non-party and has stated his intent to “punish” her if she does not travel to Indianapolis, against expert medical opinions, 1200 miles from Florida, where she has stayed and never left since 2009.

Beverly Newman’s delicate health does not permit her to travel, according to medical records filed with Judge Joven, who recently struck the written expert medical opinions from the court’s record.  Additionally, two attorneys in Judge Joven’s court, Robert W. York and Robert A. Zaban, have publicly and repeatedly subjected Dr. Newman to disability discrimination, denying her disabilities in their numerous court filings over the years, in violation of the Americans with Disabilities Act.

On September 6, 2017, on the 14th floor of the City-County Building, at 1:00 PM, Judge Joven has stated he will arrest Beverly Newman if she does not travel to Indianapolis in violation of her Jewish religious beliefs not to risk her life except in extreme emergencies.  Is this what our grossly-overcrowded Indiana jails are for?

To remove Judge Joven from this case, for permitting intolerable disability discrimination in his courtroom,  and to sanction officers of his court, Robert W. York and Robert A. Zaban, contact:

Indiana Supreme Court, which appointed Judge Joven to this case, Chief Justice Loretta Rush   rush.externship@courts.in.gov

Indianapolis Mayor Joe Hogsett      city-county.council@indy.gov

Lieutenant Governor Suzanne Crouch            scrouch@lg.in.gov

Silicon Valley tax dollars fund elder abuse: Part II

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Linda Kincaid

Elder Advocate, California

Part I: READ HERE

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Part II –

Public Guardian imprisons & isolates Gisela Riordan

Linda Kincaid

In 2010, Santa Clara County Public Guardian Donald Moody petitioned for conservatorship of Gisela Riordan.  Based on false allegations by Court Reporter Herlinda Acevedo, Judge Thomas Cain approved the petition.  With the stroke of a pen, Moody had complete control over Gisela’s life.

Moody immediately seized Gisela’s bank accounts.  He evicted her son and sold their home the following year.   Gisela languishes in isolation.  For two and a half years, Moody has denied Gisela’s right to visitation, phone calls, and mail.  Consistent with his wholesale violation of civil rights, Moody denied Gisela’s right to vote in 2012.

Moody imprisoned and isolated Gisela at Villa Fontana, a secured residential care facility that will violate the law in exchange for payment.  Villa Fontana blatantly violates personal rights of residents.  They refuse to discuss those violations with elder advocates.

April 27 – 30, 2012:  Jennifer Lan & Violation of Resident’s Personal Rights

This reporter temporarily established contact with Gisela by arriving at Villa Fontana on a Friday evening, shortly after a visit by Deputy Public Guardian Rebecca Pisano-Torres.  The Villa Fontana night staff assumed I was with the Public Guardian’s office, and they allowed me to enter.

When I first approached Gisela, she was bewildered that anyone would come to see her.  She was horribly lonely and sobbed for over an hour, clutching my arm and begging me not to forget her.  She demanded I promise that I would visit her again.  Sadly, the Public Guardian has prevented my keeping that promise.

On Monday, Villa Fontana staff recognized me as an elder advocate.  Employee Jennifer Lan, accompanied by four male staffers, entered Gisela’s room and ordered me to leave.  I guided Lan to a poster of the residents’ rights  located in the facility lobby.  More

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