The Allure of a 2015 Guardianship and a Burial in the Wrong Cemetery, Excuses and Covid-19

Comedian Elayne Boosler visited her cousin Dorothea Buschell in Brooklyn’s Hamilton Park Nursing & Rehabilitation Center in August 2018.
Comedian Elayne Boosler visited her cousin Dorothea Buschell in Brooklyn’s Hamilton Park Nursing & Rehabilitation Center in August 2018.
Photo: Courtesy of Elayne Boosler

Dear Reader:

The following story, one partially told on Facebook and to The City by comedian Elayne Boosler, is a developing story and one we will cover in depth. When we started this blog in 2016 one of our goals was to draw attention to the deplorable treatment of the elderly and most vulnerable at the hands of nursing home owners and managers. Our intent was to uncover the depth of the depravity of some owners and managers of many of the world’s nursing homes, particularly those in New York and New Jersey, who choose profit over care, bottom lines over human life and lined pockets over dignity.

There can be no greater example of that choice than the story of Elayne Boosler’s elderly Jewish cousin who died in the care of an Allure nursing home, which had in 2015 obtained custodianship over Boosler’s cousin, despite the existence of a living relative. Ms. Boosler’s story is shocking insofar as her cousin was not only denied a dignified death but a dignified burial. While Covid-19 may have played a role in the absurdity of the story that follows, it does not tell the whole story and cannot be used to mitigate the responsibility of the owners/managers of the nursing home that not only deprived Ms. Boosler’s cousin of her family, but of a Jewish burial.

There can really be no greater indignity and no more astonishing tragedy.

When Ms. Boosler’s cousin died (allegedly) of Covid-19, instead of being buried in a Jewish cemetery with all of the Jewish rites and customs which had been provided to the nursing home, she was interred in a Christian cemetery at an astronomical fee.

Boosler’s story is not surprising to those of us who have been following nursing homes in general and Allure in particular. What is surprising, however, is the ease with which nursing homes can obtain guardianship over the elderly in their care.  As legal guardians, these nursing homes and long-term care/rehabilitation facilities have access to finances, decisions, medical choices and ultimately the life and death of those in their care. And most do not do the due diligence required before obtaining guardianship. Or, they simply falsify statements and records. Moreover, it is not even clear that such due diligence is ever required or if there is any oversight, particularly in New York where the systems in place have run amok.

Once guardianship is obtained whether legitimately or otherwise, as this story suggests, decision-making authority on burials and interment among all of the other life-shattering decisions, rests in the hands of the court-appointed guardians. They are free to throw caution and care to the wind.

The Boosler story, raises questions about New York’s Guardianship Services, which in the Boosler case, remains something of a mystery. We are hoping that some law enforcement agency will take the bull by the horns and look into this case as it is neither unique nor surprising. We are hoping that Boosler’s status as a entertainer will light a fire under those who should be investigating the treatment of the elderly in nursing care and long-term facilities.

There is money to be made in human life and in death and apparently once guardianship of a family member is “signed-over” to a nursing home moral and ethical compasses can shift. The elderly deserve better. 

 

Comedian’s Kin Sent to Wrong Cemetery After Brooklyn Nursing Home Death

Comedian Elayne Boosler says her elderly Jewish cousin, who died last month, inexplicably got saddled with a pricey Christian burial package while in a Brooklyn nursing home.

“Now my beautiful Jewish cousin is clutching rosary beads after a fake funeral that never — couldn’t have — happened because of coronavirus,” Boosler, who grew up in Sheepshead Bay, told THE CITY from her California home.

She noted that her first instinct was to “go for the funny and try not to bleed on my audience, if you will. Also, going for the joke is how I distance myself and my emotions.”

But she confessed she hasn’t slept in days.

“I am horrified at how she must have died,” she said, “at how she was swindled and at how she is now far from her family in a strange grave.”

‘Are You Sitting Down?’

The ordeal began, Boosler recalled, when her cousin Harriet Saltzman phoned her from Florida on April 14 and said, “Are you sitting down? Pull the chair closer to the table in case you fall over.”

Saltzman told her that she had been trying to reach their mutual first cousin Dorothea Buschell at the Hamilton Park Nursing & Rehabilitation Center in Bay Ridge, Brooklyn, to wish her a happy 83rd birthday.

When no one answered in Buschell’s room, Saltzman said she began leaving voicemails at the main number, but no one returned her calls for weeks.

Finally, on April 14, a frazzled staffer who happened to pick up the phone said, “Oh, no one called you yesterday? Uh, she died this morning.”

“And then Harriet said, ‘Why would someone have called yesterday if she died this morning?’,” Boosler said.

Buschell died April 13.

The Hamilton Park Nursing and Rehabilitation Center was blocking visitors during the coronavirus outbreak.
The Hamilton Park Nursing and Rehabilitation Center
Ben Fractenberg/THE CITY

By the time Saltzman called, Buschell’s body had already been transferred to Forest Green Park cemetery in Morganville, N.J. — not her intended, already-paid-for, family plot in New Montefiore Cemetery in Farmingdale, L.I. She was buried on April 15.

“Because they figured it was the virus that she died from, there was no autopsy,” Saltzman wrote Boosler in an email. “She was double bagged, put into the coffin, doubled bagged again and shipped.”

Saltzman noted that Forest Green “will not be able to dis-inter her for a while because of the pandemic, and they will call me when they are ready to do it.”

The Plot Thickens

In a phone interview with THE CITY, Boosler added, “But wait. There’s more. Much more.”

The saga began in either late 2016 or early 2017, Boosler recounted, after Buschell, an artist who had taught English on U.S. Army bases in Italy for a quarter century, landed in Hamilton Park after a series of mini-strokes.

On April 28, 2017, she was sold an irrevocable $15,000 pre-need funeral plan which she never signed — and which Boosler stressed Buschell never would have consciously agreed to since she already had a family plot.

During an August 2018 visit, Boosler had taken steps to ensure that copies of the family-plot paperwork were in her cousin’s nursing home file, she said, along with up-to-date family contact numbers for Saltzman and herself.

“Dorothea was in there for physical health reasons, but she was mentally a hundred percent,” Boosler said. “She probably never even saw the pre-need documents.”

Richard J. Brum, an attorney for the Allure Group, the company that owns Hamilton Park nursing home, said he was unable to provide any details regarding residents “for privacy reasons,” in accordance with the Health Insurance Portability and Accountability Act (HIPAA).

“Whenever a resident passes away, our policy is to immediately notify their family representative who is then responsible for making final arrangements for the deceased,” Brum said in a statement. “When family is not involved in the resident’s care, we notify the court-appointed legal guardian who then makes those arrangements.”

According to state law, if a resident has no known relatives, “the chief executive officer…of a facility in which the person alleged to be incapacitated is a patient or resident” may petition the state Supreme Court to appoint a guardian.

Boosler said she was never told of any court-appointed guardian.

The pre-need plan, which lists Buschell as the purchaser, was signed by one David Blau, a person unknown to Buschell’s remaining family.

While Blau’s affiliation is listed nowhere on the document, he works for New York Guardianship Services, where his staff profile on the company website lists his former experience at “Merry Lynch.”

‘Greatest Punchline’

A copy of the pre-need plan, provided to THE CITY by Boosler, includes a long itemized list of costs that runs the gamut from $34 for bridge and road tolls to $95 for makeup to $400 for a dress to $4,950 for a mahogany casket.

“AND THE GREATEST PUNCHLINE OF ALL TIME:” Boosler wrote in an all-caps Facebook post, “CLERGY, $500. GRATUITIES $60. CROSS AND ROSARY BEADS $200.

The total bill: $15,005.75

“That’s right folks,” Boosler continued on Facebook, “they buried my Jewish cousin, who never wore makeup & never spent more than $25 on an outfit, who always tipped 20% and would have known to take the Queensboro Bridge to avoid tolls, IN A CATHOLIC CEMETERY HOLDING A ROSARY FOR A…FUNERAL THAT NEVER HAPPENED.”

Boosler stressed to THE CITY that she was not looking to sue.

“We understand COVID’s a bitch, and if the nursing home had apologized and ensured she was in the right place, buried next to her mom and dad and sister, we would understand,” she said. “But it’s been two weeks now and no communication. They’re not being upstanding. Do the right thing, don’t make it harder.”

Boosler said the family would like a copy of the death certificate and Buschell’s personal effects “if they didn’t already burn them” — and access to her bank accounts to see “what was docked by the so-called guardian.”

“Where are her things?” Boosler asked. “Her jewelry from Italy? Her photo albums? We have nothing.”

Blame Game

Blau of New York Guardianship Services did not respond to calls from THE CITY.

Saltzman, however, received an email from Kristina Billini, a case manager at New York Guardianship Services, blaming the nursing home for “unacceptable negligence.”

“Hamilton Park wrongfully informed us that Ms. Buschell had no family and neglected to inform us of her Jewish faith on the date of her death,” Billini wrote in the email, which was shared with THE CITY.

“They informed us that the morgue had come for your cousin and that they would get us back the information, however, they never did and began to ignore our calls.”

Billini noted that Kehila Chapels of Brighton Beach claimed Buschell’s remains “and were able to respectfully bury her.”

“Unfortunately,” she added, “as we had no knowledge of her Jewish faith, it appears that she was not laid to rest in a Jewish cemetery.”

The Kahila Chapel in Brighton Beach received a delivery of coffins during the coronavirus outbreak.
The Kahila Chapel in Brighton Beach received a delivery of coffins during the coronavirus outbreak, April 30, 2020.
Ben Fractenberg/THE CITY

Boosler, called “The Comedy Master Who Hasn’t Gotten Her Due” by The New York Times, noted on Facebook, “Every great punchline has a great tag: The funeral home now wants us to pay $10,000 to transfer Dorothea to her actual plot next to her family.”

 

To continue reading, click here.

 

ADDITIONAL READING AND REFERENCE MATERIALS:

Calls for Probe of Nursing Home That Sent Comedian’s Kin to Wrong Cemetery

Comedian appalled after Jewish cousin given pricey Catholic burial

Comedian’s kin sent to wrong cemetery after Brooklyn nursing home death

Comedian’s kin sent to wrong cemetery after Brooklyn nursing home death

 

8 thoughts on “The Allure of a 2015 Guardianship and a Burial in the Wrong Cemetery, Excuses and Covid-19

  1. Joel Landau is the reason people despise jewish sht like him, who trample on the bones of their victims
    They desecrate God by faking a religious garb and pseudo religous lifestyle and swindle sincere jewish people from their faith and time. May God quickly uproot this poisonous weed and crumble his stupidity and arrogance forever amen.

  2. Joel Landau again. Joel Landau may be the poster boy of a mentally challenged subhuman who managed to escape his deranged familys orbit but that doesnt mean his criminal nature should be overlooked.
    Joel Landau pleaded guilty to bribing DeBlasio, Cuomo, Preet, Schneiderman and the rest of the corrupt politicians of NY. Landau must be crushed like the roach he is and stipped from continuing his evil crimes.

  3. I just wanted to point out a different problem with the Guardian system:
    If an elder in your family has been taken in by a gambling
    scam or lottery scam (there are oodles of them, google the Jamaican lottery scam
    as an example), you have no recourse. Many families are (correctly)
    afraid to take their elders to court to take financial guardianship,
    since there is ample evidence that the court will assign their lawyer friends to be guardians
    and empty the bank accounts themselves. Better to just let your elder throw the money away himself at that point. And thus, many scams are never reported to the Attorney General of NY state, and the criminal continue to offend.

    • Thanks for that comment. Sadly, you are right. But when an elder lives on his or her own behalf, the scams to which he or she becomes victim is a choice. When an elder is in the nursing and rehabilitation system, the choices are completely removed from that elder’s control. In the Allure case, the cousin had full control of her mental capacity. She had wants and desires, goals and should have been given choices. She was deprived every aspect of human life and dignity. She was, to some extent, hijacked by the system. This is a travesty. Your example is no less tragic. The system is broken and needs to be fixed.

  4. This story really hits the mark, perhaps even more than some of the more egregious cases that you write about, because it’s just so simple and so human, as well as so criminally negligent or probably worse…

    • You are not kidding. Finally someone is coming forward. Sadly, the governmental authorities are likely on the till in one way or another. Were we to have the chutzpah we would start questioning the surrogate’s court and the process by which guardianship is even given, and were we not to be fighting some pretty powerful people on this one, we would question Governor Cuomo’s place in all of this. AG Tish James returned the donation from the shining start of the Allure Group. If she would finally take a fine tooth comb and start looking into their activities, she’d likely uncover far more than we can, perhaps some good. We have our theories but FOIL requests take years to get filled in New York and that is by design.

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