NJ Advances Package to Combat Elder Abuse and it is all Fluff and Nonsense!

Dear Reader:

We have contended from the outset that the oversight agencies are ineffective, corrupt, complicit in or facilitators of abuse, neglect and exploitation. Full Stop. We have contended that many of the players within the elder-care guardianship and nursing home context are inextricably intertwined in wrongdoing, most with incestuous relationships with the oversight agencies. We have posited that there is no such thing as reporting if it is left to the good will of those entrusted with the care of the elderly. We maintain that too many people are making too much money for the nonsense legislation to have any substance.

Oversight agencies must be held accountable for their failures. Elder abuse MUST be accompanied by criminal penalties, whether to the guardians, the owners and operators, the magnates, the investors, the employees or the judges and politicians that allow the abuse to continue unchecked. Elder abuse MUST be deemed unacceptable. Full stop. Elders MUST have the power to decide their own destinies. Elders MUST be believed until their statements are proven unbelievable, if that is possible. An Elder’s human dignity MUST be respected before all else and not entrusted in the care of those who lack humanity and conscience.

New Jersey’s four-part legislation pays lipservice to intent but does none of that. It assumes unicorns and rainbows with respect to an industry which is no different that legalized human trafficking. When you build a beautiful house on a flawed foundation the house is doomed. So too is the fluff and nonsense legislation in New Jersey.

Assembly Panel Advances Murphy & Vainieri Huttle Bill Package to Combat Abuse, Neglect & Exploitation of Seniors and Vulnerable Adults

Assembly Panel Advances Murphy & Vainieri Huttle Bill Package to Combat Abuse, Neglect & Exploitation of Seniors and Vulnerable Adults

Measures to Modernize Conservatorships & Guardianships; Address Financial Abuse; and Strengthen Protections for Vulnerable Adults

(TRENTON) – The Assembly Aging and Senior Services Committee on Monday approved a package of four bills sponsored by Assembly Democrats Carol Murphy and Valerie Vainieri Huttle to protect elderly or vulnerable adults from facing abuse, neglect or exploitation.

About one in ten Americans over age 60 have experienced some form of elder abuse, including physical or emotional abuse or financial exploitation. Mental or physical impairments may make them more vulnerable to abuse, and many cases go unreported.

People with disabilities are also at a higher risk of abuse, neglect or exploitation. About 30 percent of individuals with disabilities who need assistance with daily care, maintaining their health and safety, and accessing their communities have experienced some form of mistreatment.

“As we age, many of us will need a support system to help manage our health, finances, transportation and other aspects of life. This is especially true for seniors with dementia or other cognitive impairments” said Murphy (D-Burlington). “Sadly, too often the person trusted with an elderly person’s care ends up taking advantage of them. We must ensure the people caring for our most vulnerable have their best interests at heart, and everyone knows how recognize and report elder abuse.”

“Every person deserves to age with dignity,” said Vainieri Huttle (D-Bergen). “We may face illness, disability or physical decline, but we should never face abuse. By strengthening protections for older adults and our most vulnerable, we are helping to keep our elderly loved ones safe and safeguard our own futures.”

Two bills in the package would modernize existing laws regarding conservatorship and guardianship in New Jersey. The first measure (A-4615) would require proposed conservatees or someone already under conservatorship to have counsel throughout the course of all court proceedings. The court would be required to appoint a counsel if they were ever unrepresented. The counsel would personally interview the conservatee or proposed conservatee within 72 hours before each scheduled hearing focused on conservatorship.

Counsel must also be provided to individuals under guardianships, or wards, as part of the second bill (A-4618).

Insider NJ

Abuse of the Elderly – Mama B and Guardianship – a Case in Alabama

“Mama B” Bashinsky Guardianship Abuse Case Goes Back To Alabama Supreme Court

BIRMINGHAM, Ala., March 10, 2021 /PRNewswire/ — Today, legal counsel for the estate of the late Joann “Mama B” Bashinsky, the beloved Alabama philanthropist, announced several developments in the case of the permanent guardianship petition that haunted her for the last 18 months of her life before she passed away on January 3, 2021.

On Friday, Bashinsky’s counsel filed an appeal with the Alabama Supreme Court on one motion challenging an order issued by Judge A. Lee Tucker to pay a guardian ad litem fees for his own attorney on a prior matter. Following their appeal, Judge Tucker hastily ruled on numerous motions that have been delayed for weeks. Most notably, Tucker made a highly unusual ruling to deny the motion to dismiss the case in light of Mrs. Bashinsky’s death, further highlighting the numerous conflicts of interest among those involved in the case, including the judges and petitioners. The family is now forced to have to go to the Alabama Supreme Court once again because Judge Tucker won’t let the case die.

“These new decisions by Judge A. Lee Tucker are extremely disheartening, and confirm the corruption within the Jefferson County guardianship system at the hands of temporary conservator Greg Hawley and  guardian ad litem Ken Guin, as directed first by Judge Alan King and now by Judge Tucker,” said attorney Susan Walker. “In my opinion, his latest rulings show that this court is failing to provide justice and fairness, as the Judge continues a case that has tormented the friends and family of Mama B, who suffered great distress for the last months of her life because of the permanent petition for guardianship and for conservatorship that threatened her finances and independence.”

The case has taken many unseemly twists and turns from the first day Mrs. Bashinsky’s fomer employees, John McKleroy and Patty Townsend, filed a petition to place her under a guardianship the very day she appropriately terminated them. On July 2, 2020, the Alabama Supreme Court issued an opinion declaring the emergency petition failed to establish an emergency and holding Mrs. Bashinsky was denied her constitutional due process rights. Since her death, the burden of exorbitant and unnecessary expenses on her family has endured as they navigate a case that would have typically died with the subject.

“Since the Alabama Supreme Court last saw this case, in my opinion it’s clear that petitioners McKleroy and Townsend along with former temporary conservator Hawley and guardian ad litem Guin are not acting in the best interests of Mrs. Bashinksy, but in their own financial interests, especially considering that they continue to pursue the assets of an elderly widow no longer alive to defend herself,” said attorney Walker. “There is no plausible explanation in my opinion as to why Judge Tucker would drag out the case of a deceased woman other than that it’s in the best interests of his friends in a system ripe with corruption and financial exploitation.”

PRNewswire

Trump’s Highest Bidder, Gertler? Sanctions Reprieve Lifted – Gertler, Magnitsky, DRC

Israeli billionaire Dan Gertler (Screen capture YouTube)
Israeli billionaire Dan Gertler (Screen capture YouTube)

Dan Gertler and the Magnitsky Sanctions, Loopholes, State Sanctioned Violations, Trump, Guiliani and Billions

We have written and opined at great lengths about Dan Gertler, the mining tycoon sanctioned under the Magnitsky Act sanctions and the final gift from President Trump to Gertler, a lifting of those sanctions. Make no mistake, that lifting was unsurprising when coupled with the Guliani Ukraine affair. To those of us who followed the ever-changing political landscape in the DRC, the US’s unbridled support of an otherwise undemocratic election in the DRC, the securities’ firms that played a role in the movement of information, and the tail numbers of Gertler’s planes coupled with the travels of Trump’s personal attorney, Rudolph Guiliani, this political-financial network was foreseeable. It was our opinion then and now, that Guiliani was paid for his liaison services, which were blessed through a web of quasi-legitimate securities’ firms. Beyond that, in what capacity Guiliani was traveling to the Ukraine fairly regularly, and his labyrinthine ties to Ukraine at that time remain the subject of debate.

We have opined about the various loopholes and veritable crawl spaces that have allowed Gertler access to millions, if not billions of dollars, otherwise unavailable under the Magnitsky Sanctions Regime. Some of this money was allegedly owed to Gertler by Glencore. The “praise” bestowed upon Gertler by foreign diplomats is almost embarrassing, but may have been required to get cooperating countries on board with the payment scheme. The workaround was craftily organized by funneling money through a payment system of mazes to Gertler via a series of Euro-based workarounds which required the assistance of the Swiss banking network and US Government intervention. It is unlikely the Swiss would have been involved absent a very public statement by the US. It is our opinion that the loopholes were identified and manipulated by President Trump and, in our opinion, Rudolph Guiliani, Paul Manaford and others within the Trump orbit.

Whether or not we have it all perfectly figured out remains a job for those with far higher pay grades.

While Gertler claims all of his actions in the DRC have been above-board, we think that depends upon whose morality and ethics one is using as the exemplar upon which all else is measured. As we see the world, Gertler’s almost unforgivable use of underpaid members of the DRC to afford him unquantifiable wealth is not a paragon of the divine intervention of his religious system of beliefs. Moreover, Gertler’s willingness to manipulate financial systems such that banks, investment companies and frankly heads of states and countries made his acquisition of wealth all possible, is all the more unsettling.

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Guardianship – Just Another Means of Taking Hostages – and Nursing Homes

Nursing Homes Rob The Elderly Of Their Rights With The Use Of Guardianships

Published: 01 Feb

By: Jack Halpern

Guardianship is supposed to be a legal tool, but many nursing homes are abusing it. My Elder can help your family avoid this tragedy!

Nursing homes in New York State have been accused of using ‘guardianship petitions’ as a means to coerce elderly residents into paying outstanding fees.

A startling expose in the New York Times this week discusses a number of instances where nursing homes have requested courts to transfer guardianship away from the family. Ostensibly these requests are prompted by family feuds, suspected embezzlement or just the absence of relatives to help secure Medicaid coverage.

However, judges, legal experts, and others well versed in the guardianship process claim that often the petitions are used as a means of duress.

In a guardianship case last year involving a 94-year-old resident in a Jewish aged care facility, New York Supreme Court judge Alexander John Hunter issued a scathing 11-page critique of the motivations behind the petition made by the nursing home’s management.

In a more recent case, this time involving a family who refused to pay exorbitant rates to a Catholic nursing home, a court evaluator threw out the guardianship petition and questioned the motivations of the facility. The family spent US$10,000 in legal fees fighting the case.

Some nursing homes argue that guardianship petitions are the best way to resolve disputes about payment for care. The alternative is to sue an incapacitated resident who cannot respond.

“When you have families that do not cooperate and an incapacitated person, guardianship is a legitimate means to get the nursing home paid”, said Brett D. Nussbaum, a lawyer for the Catholic nursing home Mary Manning Walsh.

Article published without the permission of the Author. To continue reading on My Elder, click here.

Time to Toss the Granny Killer Immunity Provisions in NY – And Country-Wide

MIDDAY POSTER: NY Dems Move To Repeal Cuomo’s Nursing Home Immunity

New York’s now infamous corporate immunity law for nursing home executives has been placed on the legislative docket for repeal. The law, slipped into last year’s budget by Gov. Andrew Cuomo, shielded nursing homes from liability as they were forced by the governor to accept patients presumed to have COVID into their facilities.

Last Spring, while the national media was celebrating Cuomo, The Daily Poster helped break open the story of Cuomo passing the law after receiving huge campaign donations from the corporate group pushing it. As The Daily Poster reported earlier this week, the law has shielded administrators and executives from liability for a wide range of negligence claims, even those that don’t appear to be directly related to COVID.

To continue reading in The Daily Poster

Borough Park Shomrim Member Hit with Federal Child Rape Charges – Time to Upend the Shomrim –

Jacob Daskal (middle) faces federal charges for coercing a minor into sex.

Borough Park Shomrim leader hit with federal charges for child rape

Federal prosecutors charged the founder of the Borough Park shomrim with a three-count indictment for allegedly coercing a 15-year-old girl to travel for sex, authorities announced on Thursday.

Jacob Daskal, 62, had been charged in New York State court in 2018 for raping the teen victim, and was out on a $75,000 bond, but now the feds have stepped in — hitting him with charges of coercing a minor to engage in illicit sexual conduct, transportation of a minor with intent to engage in criminal sexual activity, and traveling with intent to engage in illicit sexual conduct,

“Daskal, who was almost 60 years old when these crimes were committed, exploited the vulnerability of a young teenager by grooming her for sex and enticing her into having sexual relationships with him,” acting US District Attorney Seth DuCharme said in a statement.

Federal prosecutors say that Daskal — who founded the private safety group that patrols Borough Park in conjunction with the 66th Police Precinct — fostered a sexual relationship with the underaged girl, who abused his home in Brooklyn in 2017.

Daskal also allegedly took the girl to his summer home in upstate New York — crossing state borders into New Jersey along the way, according to court documents. 

The cross-border crimes continued when the victim moved to Chicago, and Daskal allegedly communicated with the victim over Skype and text, asking her to pose nude during video chats and send nude photos, according to the federal complaint. 

On Nov. 5 2017, Daskal traveled to Chicago to visit the victim, where he brought her to a hotel room for sex, prosecutors allege.

“A man who founded an organization aimed at creating a safer community should know the difference between right and wrong,” said FBI Assistant Director-in-Charge William F. Sweeney Jr. 

To continue reading in TheBrooklynPaper