Thursday, March 28, 2024

Lessons Learned From Britney Spears’ Financial Conservatorship


By Stacy Francis, CFP®, CDFA®, CES™

The ongoing saga of Britney Spears and her conservatorship has shone a spotlight on the challenges associated with financial conservatorships, exposing both their potential benefits and serious pitfalls.

This legal arrangement, meant to protect those unable to handle their affairs due to mental or physical challenges, can transform into a precarious situation when misused. Spears' story, as told in her recent memoir, The Woman in Me, serves as a stark example of how a well-intentioned legal tool can turn into a distressing ordeal, sparking a call for reforms to uphold the autonomy and rights of individuals under conservatorships. Here are several possible reasons a conservatorship might go awry.

Loss of autonomy

New York attorney Jill H. Teitel reports, “Despite the legal protections put into place by the majority of states in the United States via the Uniform Guardianship, Conservatorship and Other Protective Arrangements Act, guardianship judges still remain protective and inflexible to the wards’ particular strengths and areas of independence out of fear that these persons will be taken advantage of by those who do not petition the court. By encouraging courts to issue orders reflecting the ability of wards to act independently, we have seen a shift in how the courts should view a person’s ability to make certain decisions for him/herself. However, for some persons, ironically, the effect of financial conservatorship is the unfortunate erosion of personal autonomy.”

Individuals under conservatorship surrender control over their financial decisions and personal lives to a court-appointed conservator. While this may be justified in cases of genuine incapacity, it often results in a loss of personal freedom. Spears' decade-long struggle highlights the emotional distress accompanying this loss of autonomy.

As attorney Laura Fischer says, “There is no greater loss than that of your own free will. It is imperative to manage your own planning and have the proper ancillary documents in place to specify under exactly what conditions your affairs should be managed and by which trusted individuals.”

Potential for abuse

Financial conservatorships create an environment prone to abuse, as conservators wield substantial power over the individual's assets. Financial abuse is a controlling tactic used by abusers over their victims in ways such as sabotaging income and access to money, restricting how the victim is allowed to use money and the things they can own and financially exploiting the victim’s financial situation by stealing or misuse of funds.

Fischer reminds us, “Abuse comes in all shapes and sizes, from physical to financial to mental. Establishing a care plan, in advance, with a team of knowledgeable professionals ensures that your carefully considered wishes can be fulfilled.”

Victims are often prevented from leaving their abusers because they lack the financial knowledge to be successfully independent. Teitel sees in her practice that “the cycle of dependence perpetuates, disempowering some wards to be in control of their financial situation.”

In the Spears case, concerns arose about financial mismanagement and excessive fees, raising questions about the exploitation of the conservatorship for financial gain. Abuse can manifest through misappropriation of funds or decisions prioritizing the conservator's interests over the individual's, jeopardizing financial stability.

Fischer points out, “Legal documents, themselves, can specify not only the persons in charge, but also the appropriate fees that are to be paid to them.”

Lack of accountability

While subject to court oversight, the scrutiny of financial conservatorships varies, allowing potential abuses to go unchecked. Spears’ situation underscores the need for robust oversight, emphasizing transparency and accountability in the conservatorship process.

“Even though the courts must adjudicate their cases pursuant to the law, if the attorneys and their clients are not motivated to use these alternatives to conservatorship and guardianship, wards will continue to suffer,” Teitel says.

It is a real definitive possibility that ending a conservatorship will be a prolonged and expensive legal process, placing additional burdens on the individual. Legal battles to regain financial control can deplete both financial and emotional resources. Spears’ enduring struggle exemplifies the challenges individuals face in reclaiming their autonomy. But “it is generally lack of clarity that creates opportunities for people to exploit individuals and their assets,” Fischer says. “Through deliberate and informed planning, one can lay out a clear plan that leaves no room for such exploitation.”

Stigma and mental health implications

Being under a conservatorship carries a significant stigma, potentially portraying the individual as incapable of making sound decisions. This can have detrimental effects on mental health and self-esteem, as demonstrated by Spears' revelations about the impact of the conservatorship on her well-being.

Conclusion

The Spears case highlights the hazards of financial conservatorships and the urgent need for legal reforms. Spears is not the only celebrity who has dealt publicly with these abuses. In September 2023, NFL player Michael Oher — who inspired the 2009 film The Blind Side — had his conservatorship terminated by Shelby County Probate Court Judge Kathleen Gomes. Oher signed the conservatorship under the misconception it was adoption papers when, in fact, it allowed Leigh Anne and Sean Tuohy to have all powers of attorney to act on Oher’s behalf, and he was not allowed to enter any contracts or bind himself without the direct approval of his conservators.

While conservatorships can be necessary, careful monitoring is crucial to prevent abuse and preserve individual rights. Proposed reforms include enhanced transparency, regular capacity evaluations and mechanisms for individuals to petition for conservatorship termination. Addressing these issues is vital to strike a balance between protecting vulnerable individuals and safeguarding their fundamental rights and autonomy.

Full Article & Source:
Lessons Learned From Britney Spears’ Financial Conservatorship

See Also:
Britney Spears

Michael Oher

‘No more trusts:’ Fort Myers woman’s special needs trust drained, new trustee named for non-profit that’s missing $100M

by: Brittany Muller

TAMPA, Fla. (WFLA) — A federal judge has appointed a trustee to manage a local non-profit facing bankruptcy and allegations of missing money.

The Center for Special Needs Trust Administration promised to safeguard money meant to help provide for disabled people throughout their lives. 8 On Your Side has revealed the center’s founder stands accused of loaning himself 100 million dollars and never repaying it.

A Fort Myers family said it was a battle to get the money to care for Sarah Hall to begin with.

“This is the most the most disabled you can be, there isn’t a degree beyond this,” said Theresa Schlosser, Sarah’s mom.

Sarah needs around-the-clock care. The expected year 2000 crash came unexpectedly for Schlosser.

“She was involved in a wreck in the year 2000 when everyone thought the world would crash; there’s didn’t, ours did,” said Schlosser.

Sarah was 18 years old and 10 weeks pregnant at the time.

“She was driven under a parked semi at 60 mph,” said Schlosser.

A miracle happened six and a half months later.

“She’s the first person in Florida to give birth naturally while in a coma. She pushed my grandson out like she was awake,” said Schlosser.

Sarah is a fighter who battled cancer, survived the crash, and gave birth to a healthy baby boy. Sarah is now 41, and he is 22.

“He is the parent, and she is the child,” said Schlosser about her grandson. “He is the most loving, kind, gentle person that I know.”

“It pretty much means the world to me. I’ve done this since I was about 10,” said Sarahson Hall, Sarah’s son.

The car crash led to a lawsuit, which resulted in Sarah receiving a settlement and monthly annuity payments so her family could take care of her for the rest of her life.

“My lawyers advised me to put the money with the center, which I did in 2003,” said Schlosser. “I didn’t think twice about it. I trusted these people.”

Two months ago, Schlosser needed to buy a new wheelchair for Sarah, so she called the center.

“How much have I managed to save?” Schlosser recalls asking the center.

The center told her there was $192,000 in her daughter’s trust. Weeks later, Schlosser was in shock when she received a letter from the Center for Special Needs Trust Administration. That’s when she found out the center filed for bankruptcy on February 9.

“Out of 192,000, they took $181,000,” said Schlosser.

According to the bankruptcy filing, between 2009 and 2020, the center’s founder, Leo Govoni, got the center to loan 100 million dollars to his company, Boston Finance Group. The loan was to be repaid back by January 1, 2017, but the center said that never happened.

Records claim it wasn’t until Govoni’s daughter resigned and left an unsigned letter in April 2022 that the center’s board of directors found out about the loan. But two weeks ago, that same board resigned. Govoni was gone. The center had hired attorneys to find the money and initiate the bankruptcy.

“I trusted them,” said Schlosser. “I gave them an open dollar for them to take my daughter’s money and do whatever they wanted to do with it and invest it in themselves.”

When it was known to the center, and they were taking action to protect the victims, somehow more money still went missing. Sarah was left with about $10,000.

“How in your conscience do you decide to take what is helping her to live every day the best that she can live and take it away? Where do you find that in your soul?” said Schlosser.

Last week, a federal judge appointed a Chapter 11 Trustee to run the center’s operations. Attorney Michel Goldberg of the Akerman law firm was named as the Trustee. According to the Akerman website, Goldberg chairs his firm’s Fraud and Recovery Practice, “an experienced team of lawyers focused on unraveling high-profile investor fraud, including Ponzi schemes.”

But Schlosser believes it’s too late.

“No more trusts,” she said. “This is a system that obviously does not work, and it is potentially harmful to the very people that was it was established for.”

According to the Bankruptcy Court for the Middle District of Florida, there is a hearing at the Federal Courthouse in Tampa on Thursday. This is the first time we’re expecting to see all the key players involved in this case in person.

Full Article & Source:
‘No more trusts:’ Fort Myers woman’s special needs trust drained, new trustee named for non-profit that’s missing $100M

FBI Internet Crime Report Shows Jump in Hawai`i Losses


 Hawai`i residents and businesses reported losing $51.7 million to internet crimes in 2023, a huge 45 percent increase over the $35.8 million reported in 2022. The number of Hawai`i complaints reported also increased from 1,703 in 2022 to 1,954 last year, a 15 percent increase.

The internet crime losses and complaints in Hawai`i are growing faster than the national average, according to the annual FBI Internet Crime Report, released earlier this month. The FBI’s Internet Crime Complaint Center said it received over 880,000 complaints last year with potential losses exceeding $12.5 billion nationally. That’s about a 10 percent increase in complaints from 2022 and a 22 percent increase in losses.

“The actual amount of fraud losses to internet crimes is likely much higher because many people and businesses don’t report crimes to authorities,” said AARP Hawai`i State Director Keali`i Lopez. “That’s why AARP Hawai`i tries to educate kupuna and their loved ones about fraud prevention through the AARP Fraud Watch Network (aarp.org/fraudwatch).”

The top three crime types most frequently reported by victims were phishing/spoofing, personal data breach, and non-payment/non-delivery. The new FBI report says top three crime types reported by victims of fraud loss are investment scams, business email compromise (BEC), and tech support scams. Phishing and spoofing schemes had over 298,000 complaints reported in 2023. Personal data breaches had over 55,000 complaints reported, and non-payment/non-delivery scams had 50,000 complaints.

The top three crime types reported by victims of fraud loss were investment scams, business email compromise (BEC), and tech support scams.

“Education can help protect ourselves, our workplaces and loved ones from fraud,” said Paul Greenwood, a former elder abuse prosecutor and AARP fraud speaker, who is coming to Hawai`i for a series of Fight Fraud Together seminars on Kauai, Hawai`i Island, Oahu and Maui April 22nd through April 26. The seminars will look at some of Hawai`i’s top frauds and strategies for spotting and avoiding fraud and financial exploitation.

Register for the free seminars and an April 5 webinar at 10:30 a.m. with Amy Nofziger, AARP Fraud Watch Network’s director of victim support, at events.aarp.org/hifraud24 or go to aarp.org/local or the AARP Hawai`i Facebook page to see all the events AARP is offering.

“At the Fraud Watch Network, we’re seeing an increase in cryptocurrency scams and online commerce scams targeting both sellers and victims,” Nofziger said. “Our Anatomy of a Scam webinar will take an in-depth look at internet and social media marketplace scams.”

Nationally, investment fraud was the biggest source of lost money, rising to $4.57 billion in 2023, a 38% increase from 2022. Within these numbers, crypto-investment fraud losses rose to $3.94 billion in 2023, a 53% increase from 2022. Business email complaints amounted to $2.9 billion in reported losses, and tech support scams were the third highest losses with over $924 million reported stolen.

Victims 30 to 49 years old were the most likely group to report losses from investment fraud, while those over 60 accounted for well over half of losses to tech support scams.

Ransomware continued to be damaging and impactful in 2023. IC3 received over 2,800 ransomware complaints and losses rose to $59.6 million, a 74% increase from last year. The critical infrastructure most reported as impacted by ransomware were health care and public health, critical manufacturing, and government facilities.

In a news release, the FBI said the Internet Crime Complaint Center gives the public a direct way to report cyber threats, complex financial crimes and other online threats. The FBI encourages victims to report suspected internet crimes at ic3.gov.

The Internet Crime Complaint Center was established in May 2000 to receive complaints of online-related crimes. Since its inception, IC3 has received over eight million complaints.

The FBI recommends that the public frequently review consumer and industry alerts published by the Internet Crime Complaint Center.

Full Article & Source:
FBI Internet Crime Report Shows Jump in Hawai`i Losses

Wednesday, March 27, 2024

Care facilities fined for failure to administer CPR, failure to call 911

By: Clark Kauffman


A pair of Iowa care facilities are facing sanctions for failing to provide medical assistance for their residents, two of whom died.

Earlier this month, the Iowa Department of Inspections and Appeals proposed, but held in suspension, an $8,700 fine for the Aspire of Donnellson nursing home. In that case, the home had failed to attempt cardio-pulmonary resuscitation, or CPR, for two residents, both of whom died.

In the first of those two cases, according to state reports, a male resident of the home was found in his bed at 5:15 a.m. on Jan. 18, ashen colored with no pulse or respirations. The aide who found him later told inspectors the man was still warm when found. According to the inspectors, the aide had checked on the man after noticing his light was on, suggesting he was up or at least awake.

After noticing the man wasn’t breathing, the aide summoned a nurse and asked whether they should initiate CPR. The aide allegedly told inspectors the nurse never answered and instead called the family to report the man was dead.

The nurse told inspectors that he had not been “exactly sure” about the resident’s code status which would indicate whether attempts to resuscitate him should be made, according to state reports. He acknowledged, however, that it was later determined the man was “full code,” indicating CPR should have been attempted.

Eleven days after that incident, a female resident of the home was found unresponsive in bed at about 10 p.m. The woman’s guardian and family were notified, and a funeral home was summoned to pick up the body. Although the resident was “full code,” no one on staff had attempted CPR, according to state reports.

According to inspectors, the nurse who examined the resident that night later stated she didn’t know the resident’s code status. but said the woman’s hands and feet were purple in color. An aide who was present said the woman was still warm when found. A third employee who worked that night told inspectors she didn’t know how to determine a resident’s code status and hadn’t been trained in such matters, according to state records.

Separately, the state inspections department fined the Silvercrest Garner Farms assisted living program $3,500 for failing to promptly contact emergency medical services for a resident who was in respiratory distress.

Early on the morning of March 2, the staff found a resident on the floor, with her oxygen-saturation level somewhere in the range of 90% to 100%, according to state records. (Typically, an oxygen-saturation level below 92% is considered dangerous.) The staff reported they telephoned the on-call nurse and left a message but never received a call-back.

Later that day, the resident was again found on the floor, this time with their oxygen-saturation level in the 80s, suggesting urgent intervention was needed. Again, the staff reported calling the on-call nurse and leaving a message, but without receiving a call-back.

The following evening, the resident’s daughter found the resident lying on the floor with an oxygen-saturation level in the 80s. The daughter asked that her mother be sent to the hospital and 911 was called.

According to state inspectors, the director of nursing later concluded the staff had failed to ensure that the correct on-call schedule for nurses was available to workers. The on-call nurse the staff had been trying to reach wasn’t even employed by the facility at the time of the incident, according to inspectors.

The inspectors’ report does not indicate whether the resident survived, but notes that after she was taken to the hospital, she was admitted for treatment of COVID-19.

Full Article & Source:
Care facilities fined for failure to administer CPR, failure to call 911

Georgia woman facing over 90 charges for fraud, elderly exploitation with funds totaling over $60k

By WSBTV.com News Staff 


CARROLL COUNTY, Ga. — A Carrollton woman is facing charges of fraud and exploitation against the elderly.

According to the Buchanan Police Department, eight warrants have been issued for Johnna Hannah, 28, following a February investigation that revealed dozens of instances of financial abuse of elderly people.

Chief Ratner with BPD said he got a call from Countryside Healthcare concerning a report of irregular bookkeeping.

He said a victim told him a credit/debit card had been used on a special occasion.

Ratner asked for warrants to check the books handled by the business manager and two weeks later, he got a list of checks used and tracked them. There were 39 victims at the time.

He said there were 39 fraud account charges and 39 counts of exploitation of the elderly.

According to police, Hannah bonded out on the first four warrants.

Ratner then sent a subpoena for the bank records of Hannah at the Navy Credit Union.

When he got the results back on Mar. 15, he found more fraud checks.

One included a 78-year-old man who was a former steelworker who signed money over to her thinking it would pay for his funeral expenses.

After that, police said there were eight more warrants: 4 for account fraud and 4 for elderly exploitation.

Police said Hannah is facing approximately 93 charges combined of account fraud and elder exploitation, with the funds totaling $64,381.

Full Article & Source:
Georgia woman facing over 90 charges for fraud, elderly exploitation with funds totaling over $60k

Plymouth resident sentenced on elder exploitation charges

By ADAM DRAPCHO

PLYMOUTH — Michelle Trojano, who previously pleaded guilty to two counts of felony theft, has been sentenced by Grafton Superior Court to 12 months of incarceration. She has also been ordered to pay restitution to her victims.

Trojano, 30, of Plymouth, was prosecuted by the Attorney General’s Office Elder Abuse and Financial Exploitation Unit for two thefts, each considered felonies involving amounts greater than $1,500.

The first charge accused Trojano of exercising control of another person’s bank account from December 2017 to June 2019, “with a purpose to deprive” the rightful owners of the account, according to a press release from the Attorney General’s office. On this charge, Trojano was sentenced to 12 months in the house of corrections, and was ordered to pay $159,759.54 in restitution.

A second charge held that Trojano had gained similar control over another person’s bank account from April 2 to April 26, 2019. For this charge, Trojano was given a suspended sentence of up to seven years in state prison, and was ordered to pay restitution of $8,300.

A LinkedIn profile matching Trojano’s name listed her occupation as a teacher at New Hampton School. A person who works in New Hampton School’s human resources department said Trojano is not currently an employee of the school, but couldn’t say whether she had previously worked there.

The case was investigated by Plymouth Police Department and prosecuted by Bryan J. Townsend II, senior assistant attorney general, of the elder abuse and financial exploitation unit.

Full Article & Source:
Plymouth resident sentenced on elder exploitation charges

Tuesday, March 26, 2024

STATEHOUSE: Kansas Senate passes expansion of Silver Alert program

Emporia, KS, USA / KVOE
Chuck Samples

The Kansas Senate has passed a bill that would expand the state’s Silver Alert system.

Traditionally used whenever senior citizens go missing, Senate Bill 371 is designed to expand the alert system to include missing people ages 18 or older with intellectual disabilities. The bill passed unanimously, including a yes vote from 17th District Senator Jeff Longbine of Emporia, and now goes to the Kansas House for discussion.

Separately, the Senate overwhelmingly passed House Bill 2562, creating the Protect Vulnerable Adults from Financial Exploitation Act. This will mandate a broker-dealer or financial investment adviser to report confirmed or attempted exploitation. It would also give broker-dealers or investment advisers the authority to delay transactions or disbursements whenever financial exploitation is expected. Longbine was in the 38-2 majority after the bill passed the House unanimously.

Source:
STATEHOUSE: Kansas Senate passes expansion of Silver Alert program

Two in Marion County charged with financial crimes against the elderly


FAIRMONT, W.Va.
– Detectives with the Marion County Sheriff’s Department have charged two people with stealing more than $17,000 from a disabled, elderly person.

The complaint originated from Adult Protective Services on March 8 about potentially fraudulent charges shown on an elderly victim’s bank statement.

Detectives were told that Amy Owens, 27, of Fairmont, had the victim’s card and had no permission to use it, but there were transactions from November 2023 to February 2024 that totaled $5,827.50.

During that period, Owens allegedly told the victim the card had been frozen due to fraudulent activity and the account could not be accessed.

While reviewing bank statements from the victim, detectives learned there were several CashApp transactions made to Wesley Burton, 31, of Fairmont. Deputies said the victim cannot move without assistance, and Owens is not listed as the caregiver.

Detectives determined the transactions from September 2023 through the end of February 2024 totaled $17,947.41.

Owens and Burton have been charged with financial exploitation of the elderly.

Both are being held in the North Central Regional Jail.

Full Article & Source:
Two in Marion County charged with financial crimes against the elderly

Area Agency on Aging hosting event aimed at combating elder abuse

UPPER SANDUSKY — The Ohio District 5 Area Agency on Aging and Wyandot County Department of Job and Family Services Adult Protective Services (APS) have collaborated to host a community event aimed at combating elder abuse, scams and exploitation. It will take place 10 a.m.-noon April 22 at Trinity Evangelical Church, 108 Malabar Drive, Upper Sandusky.

The effort brings together experts, community organizations and citizens to address critical issues affecting older adults and also will highlight resources to enhance healthy aging while staying safe.

It will include a panel discussion with experts from Adult Protective Services, the Area Agency on Aging and other specialized professionals will engage in a panel discussion. They will share insights, strategies and best practices to safeguard older adults from abuse and financial exploitation.

The event will include a resource fair featuring community organizations committed to supporting the well-being and health of older adults. Attendees can connect with representatives from Wyandot County Department of Job and Family Services, other organizations from Wyandot County and the Area Agency on Aging.

A light brunch will be provided, encouraging networking and community building. Giveaways will be provided.

The event is free, and RSVPs are not required.

Full Article & Source:
Area Agency on Aging hosting event aimed at combating elder abuse