ParalegalProfs

HI all - sill alive

2009-10-14T14:29:00.003-05:00

The Good sisters of Mercy threw me out into the steet - as they wanted to for four yers now.

I Lost the SRO Apartment at Mercy Housing, but left on the second day afater sep 30, 2009. I have been in the hospital ever since. I Becaome suicidal and decided to do somethint about that first. I am now in Reed Mental Health Center and they are helping with my menal problems as well as housing - via Public Aid and SSI - just wanted to let you know.

The cats are gone, I dont kknow what happened to them - but I am alive and well and recoverining. Thanks again for everything, and pleae pray fof me. --

I am trying to ensure that my $500.00 in law books and clothes will be safe, but Mercy Housing has not yet returned my calls.

I have nowehre to go but we are working on housing issues here at Reed. Merciful, eh?

Praise the Lord and God Bless America, George M Wienert V

Nursing Home Malpractice

2009-08-08T15:06:00.001-05:00

A Nurse Can Offer Expert Testimony On Causation In A Nursing Home Malpractice Case

August 5th, 2009 · No Comments

The case of Detloff v. Absecon Manor Nursing Center, Docket No. A-5941-07T2 (App. Div., August 4, 2009) arose out of the care and treatment provided to decedent while she was admitted at defendant Absecon Manor, a long-term care facility. Plaintiff, executrix of the estate of Mary Mazzei, filed a complaint alleging nursing malpractice supported by an affidavit of merit executed by a licensed registered nurse who specialized in wound care nursing and nursing administration certifying that the nursing home failed to meet the appropriate standard of case. The parties then engaged in discovery. Upon completion of discovery, defendant moved for summary judgment. Among the reasons defendant asserted as a basis for the granting of the motion was that plaintiff failed to provide competent expert testimony establishing causation and damages. Alternatively, defendant argued that plaintiff’s expert was statutorily prohibited from rendering a medical diagnosis or providing an opinion as to the cause of an underlying disease. The trial court judge granted summary judgment, dismissing the complaint. The trial court found as “a matter of law, [that] a nurse is not qualified to a render medical opinion with respect to causation.” On appeal, the appellate court reversed and remanded for trial on all claims except plaintiff’s wrongful death claim. The court ruled that the “opinions reached by [the licensed registered nurse] do not require a medical diagnosis. Indeed, it is of common knowledge that the day-today care of nursing home residents is generally undertaken not by physicians but by nursing staff such as licensed practical nurses and nursing aides under the supervision of a registered nurse. The level of involvement of nurses in nursing home care is expressly addressed in regulations promulgated by the Department of Human Services.” Therefore, given the scope of nursing care under the direction of a nursing administrator, the court ruled that a nurse can testify on the issue of causation, but those opinions did not extend to the cause of plaintiff’s death.

The Detloff v. Absecon Manor Nursing Center case can be found here - Detloff v. Absecon Manor Nursing Center

Tags: Care Facilities · Elder Abuse · New Cases · Nursing Facility Litigation · Nursing Homes

Sister gets message from Above

2009-08-08T15:05:00.001-05:00

Closet Falls On 90 Year Old Nun At Rockland County Run Nursing Home

August 4, 2009

Posted In: New York Nursing Home News , Nursing Home Violations

By Thomas Gallivan on August 4, 2009 11:41 PM Permalink

A 90 year-old Catholic nun was tragically killed after an unsecured closet fell on her head while she was a resident at Summit Park Nursing Care Center, a Rockland County-run nursing home. Sister Mary suffered from dementia and heart disease. The freestanding wardrobe was not bolted to the wall appropriately. She was found unconscious and bleeding from her forehead. Sister Mary died soon after being transported to a nearby hospital.

It was apparently the third time a resident at the facility was injured in an accident involving one of these unsecured closets. Summit Park was fined approximately $17,000 by the Centers for Medicare and Medicaid as a result of the incident.

Website Resources:

Elderly Nun Dies In Nursing Home Closet Accident, CBS/AP, October 24, 2008.

New York Nursing Home Choking

2009-08-08T15:04:00.001-05:00

Choking Incident At New York Nursing Home Handled Inappropriately By Staff Causes Death

August 6, 2009

Posted In: Choking Incidents , Elder Abuse , Nursing Home Violations

By Thomas Gallivan on August 6, 2009 4:04 PM Permalink

The Crossings, a New York nursing home, was fined $13,300 by the federal government as a result of an incident involving a choking resident. The resident was fed pancakes and sausages, both of which were cut into tiny pieces. Soon thereafter, a nurse's aide noticed the resident was not breathing and that the resident's lips had turned blue. However, the nurse's aide neglected to call a "code blue", call 911, and/or perform the Heimlich maneuver. A licensed practical nurse and a registered nurse who appeared on the scene a few moments later also failed to call 911 or a "code blue" immediately. As a result, the resident went into cardiac arrest and died at a nearby hospital.

The Crossings was cited for failing to appropriately train its employees regarding "code" situations, as well as providing care that did not meet minimum professional standards. If you or a loved one has been the victim of a choking incident that was not handled appropriately, please contact the New York Nursing Home Neglect Attorneys at Gallivan & Gallivan.

Website Resources:

Nursing home fined $13,300 - Agency says The Crossings didn't give proper care to choking resident who died, The Post-Standard, James T. Mulder, November 19, 2008.

Elder Abuse

2009-08-08T15:02:00.000-05:00

ELDER ABUSE

August 6, 2009

Posted In: California Elder Abuse , Elder Abuse

By Steven Peck on August 6, 2009 6:00 AM Permalink

Elder abuse, also referred to as elder mistreatment, is any abuse or neglect of a person aged 60 or older by a caregiver or another person in a relationship involving an expectation of trust that threatens his or her health or safety. It is difficult to determine the prevalence of elder abuse because many times cases are not reported. A 2003 National Research Council report estimated that there are between 1 million and 2 million cases of elder abuse and neglect in the United States every year. Family members, adult children, or spouses are implicated in 90% of the cases of elder abuse. Those affected are usually elderly people who are cognitively or physically frail, depressed, lonely, or lacking social support. The August 5, 2009, issue of JAMA is a theme issue on violence and human rights that includes an article reporting that both elder abuse and self-neglect in a community-dwelling population are associated with an increased risk of death.

TYPES OF ELDER ABUSE

Physical abuse such as the infliction of pain or injury,including physical or drug-induced restraint

Sexual abuse, including any nonconsensual sexual contact

Emotional abuse, including infliction of any mental anguish

Caregiver neglect--refusal or failure to fulfill caregiver obligations to meet basic needs, including food, clothing, housing, and medical care

Financial exploitation, including any unauthorized orimproper use of the funds or resources of an elderly person

RISK FACTORS FOR ELDER ABUSE

Elders with memory problems (such as dementia) or who are physically dependent on others

Elders with depression, loneliness, or lack of social support

Caregiver stress when the caregiver feels overwhelmed with the care of the elder

Caregiver has history of substance abuse or history of abusing others

Caregiver has high emotional or financial dependence on the elder

PREVENTION OF ELDER ABUSE

Intervene if you suspect elder abuse--in California contact Steven Peck's Premier Legal elder care help line at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney or go to www.premierlegal.org

Listen to elders and their caregivers.

Get help from family, friends, or local support groups.

Seek counseling or other support if you are feeling stressed or depressed.

Get help if you have substance abuse problems.

It is Finished

2009-08-08T15:00:00.000-05:00

The Long Eviction case is Over.

I have to MOVE OUT BY Sep 30, 2009 - of i GET TOssed out by the Sheriff. i'm still taking my inverion but am woreried that DEPRESSION MAY SOON SET IN, though it has not as of yet.

i'll be at HHA at 10:30 AM Wednesday, since i don't know about the Catholic Charities thing yet = though they can help with a DIFFERENT MISSION NOW _ finding a place to STAY AFTER Sep 30, 2009.

if you can HELP KEEP THIS 58 year man out of the SHELTER SYSTEM let me know ASAP.

Father, into your hands I Commend my spirit.

George M Weinert V

Obama Gang Terrorirzes senoirs

2009-08-01T14:29:00.001-05:00

Police called on retirees at senator's LA office

Thursday, July 30, 2009

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(07-30) 20:28 PDT Los Angeles, CA (AP) --

Police were called on a group of retirees who refused to leave Sen. Dianne Feinstein's West Los Angeles office until she talked to them about health care reform.

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More News
Filipinos set aside divisions to honor Aquino 08.01.09
GDP's small drop points to easing of recession 07.31.09
BART, unions reach an agreement 07.31.09
Housewife to People Power, Aquino kept faith 07.31.09

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Los Angeles police Sergeant Rich Brunson said Thursday that police lured the group of seven outside somehow, then locked the building's doors behind them.

Brunson had said earlier that eight people were being taken into custody, but corrected himself after getting new details from officers on the scene.

A spokeswoman for the 55- to 87-year-old activists said they arrived at Feinstein's office around noon and remained in her conference room more than six hours.

Feinstein spokesman Gil Duran says staff offered the retirees an in-person meeting with the senator during a Los Angeles visit next week but that they demanded to speak with her immediately.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/30/state/n184320D61.DTL#ixzz0MxeaP5BL

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/30/state/n184320D61.DTL#ixzz0MxeaVd95

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/30/state/n184320D61.DTL#ixzz0MxeaVd95

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/30/state/n184320D61.DTL#ixzz0MxeaVd95
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This is TERRORISM - sponsored by the US Government!!!

Liberal Compassion

2009-07-30T15:44:00.000-05:00

City offers homeless a one-way ticket out of town
BY Leo Standora
DAILY NEWS STAFF WRITER

Wednesday, July 29th 2009, 4:00 AM

Take our PollThat's the ticket
What do you think of the Bloomberg administration's program that gives the homeless a free ride out of town?

It's great. Seems like the plan is saving the city money.

It's wrong. There has to be a better way to help the homeless than shipping them out of town.

If you're homeless and can't cut it in New York, the city has your one-way ticket outta here - to anywhere in the world - on the house.

The free ride is part of a $500,000-a-year Bloomberg administration program to keep the homeless out of the shelter system, which costs $36,000 a year per family, The New York Times reported.

More than 550 families have left for destinations in 24 states and five continents on the city's dime since 2007.

City officials said there were no limits on where a family can be sent; all it takes is for a relative to take them in when they arrive.

Once a family leaves, homeless services officials say they follow up to make sure they have arrived and are okay.

In rare cases, the family will be advanced up to four months' rent, a one-month security deposit, a furniture allowance and a broker's fee.

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Blessed are the Merciful, for they shall know Mercy. Matt 5:7

New Report on Global Aging

2009-07-28T11:57:00.000-05:00

July 23, 2009

Census Bureau releases new report on global aging
The average age of the world’s population is increasing at an unprecedented rate. The number of people worldwide 65 and older is estimated at 506 million as of midyear 2008; by 2040, that number will hit 1.3 billion. Thus, in just over 30 years, the proportion of older people will double from 7 percent to 14 percent of the total world population, according to a new report, An Aging World: 2008 [PDF].

The report examines the demographic and socioeconomic trends accompanying this phenomenon. It was commissioned by the National Institute on Aging (NIA), part of the National Institutes of Health and produced by the U.S. Census Bureau.

“The world’s population of people over age 65 is growing rapidly, and with it will come a number of challenges and opportunities,” said NIA Director Dr. Richard J. Hodes. “NIA and our partners at the Census Bureau are committed to providing the best data possible so that we can better understand the course of population aging and its implications.”

An Aging World: 2008 examines nine international population trends identified in 2007 by the NIA and the U.S. Department of State (“Why Population Aging Matters: A Global Perspective”). The report also contains detailed information on life expectancy, health, disability, gender balance, marital status, living arrangements, education and literacy, labor force participation and retirement and pensions among older people around the world.

“Aging is affecting every country in every part of the world,” said Richard Suzman, director of NIA’s Division of Behavioral and Social Research. “While there are important differences between developed and developing countries, global aging is changing the social and economic nature of the planet and presenting difficult challenges. The fact that, within 10 years, for the first time in human history there will be more people 65 and older than children under 5 in the world underlines the extent of this change.”

Highlights of the report include:

While developed nations have relatively high proportions of people 65 and older, the most rapid increases in the older population are in the developing world. The current rate of growth of the older population in developing countries is more than double that in developed countries, and is also double that of the total world population.
As of 2008, 62 percent (313 million) of the world’s people 65 and older lived in developing countries. By 2040, today’s developing countries are likely to be home to more than 1 billion people 65 and over, 76 percent of the projected world total.
The oldest old, people 80 and older, are the fastest growing portion of the total population in many countries. Globally, the oldest old population is projected to increase 233 percent between 2008 and 2040, compared with 160 percent for the population 65 and over and 33 percent for the total population of all ages.
The 65-and-older population in China and India alone numbered 166 million in 2008, nearly one-third of the world’s total. Issues related to population aging in the world’s two most populous nations will be accentuated in the coming decades as the absolute number climbs to 551 million in 2040 (329 million in China and 222 million in India).
Childlessness among European and U.S. women 65 and older in 2005 ranged from less than 8 percent in the Czech Republic to 15 percent in Austria and Italy. Twenty percent of women 40–44 in the United States in 2006 had no biologic children. These data raise questions about the provision of care when this cohort reaches advanced ages.
Older people provide support to as well as receive support from their children. In countries with well-established pension and social security programs, many older adults provide shelter and financial assistance to their adult children and grandchildren. Older people in developing countries, although less likely to provide financial help to children, make substantial contributions to family well-being through such activities as household maintenance and grandchild care.
The report was prepared by Kevin Kinsella and Wan He of the International Programs Center in the Population Division of the Census Bureau. Research for and production of the report were supported under an interagency agreement with the NIA’s Behavioral and Social Research Division.

The NIA leads the federal effort supporting and conducting research on aging and the medical, social and behavioral issues of older people. For more information on research and aging, go to .

The NIH — the nation’s medical research agency — includes 27 institutes and centers and is a component of the U.S. Department of Health and Human Services. It is the primary federal agency for conducting and supporting basic, clinical and translational medical research, and it investigates the causes, treatments, and cures for both common and rare diseases. For more information about NIH and its programs, visit .

July 23, 2009 | Permalink

Elder Law in America

2009-07-24T14:17:00.001-05:00

2008 was widely touted as the YEAR FOR ELDER LAW - what happened?

Now, OBAMA's Czars are decding who should and should not DIE - so it looks liket those of over 55 have a real fight if we are going to remain vital to society.

O BRAVE NEW WORLD, THAT HAS SUCH THINGS IN IT!!!

FIrst Amendment Update

2009-07-15T15:51:00.001-05:00

Persecution of Christians Increasing in Iraq
by Robert Spencer

07/15/2009

On Sunday, July 12, Aziz Rozko Hanna, an Iraqi Christian who was serving as director of the Department of Financial Control of the city of Kirkuk, was driving with his daughter in Dumiz, a Christian neighborhood in Kirkuk, when he was stopped, pulled from his car, and shot dead in front of his daughter.

On the same day, five churches in Baghdad were bombed, wounding eight civilians. And all this has come after persecution and harassment that has led over half of the Christians in Iraq to leave the country in the last few years. The situation has gotten so bad that the Roman Catholic Archbishop of Baghdad, Jean Benjamin Sleiman, said in May: “I fear the extinction of Christianity in Iraq and the Middle East.”

Sleiman has good reason to fear. In 1909, the Middle East was 20 percent Christian; one hundred years later, that percentage has fallen to five percent. This decline is directly related to the resurgence of the Islamic jihad and Islamic supremacism around the world in the twentieth and twenty-first centuries. As Muslimsreassert traditional Islamic legal stipulations mandating and institutionalizing discrimination against and harassment of Christians, Christians all over the Islamic world are feeling the heat.

Quasi-secular despots such as Saddam Hussein were not interested in enforcing the provisions of Islamic law mandating second-class status for non-Muslims. (Saddam chose his murder victims on other bases.) Christians enjoyed relatively equal rights under his regime, but after he was toppled, things began to change radically. Groups dedicated to the imposition of Islamic law over the country began to victimize Christians on a large scale. In March 2007, Islamic gangs knocked on doors in Christian neighborhoods in Baghdad, demanding payment of the jizya -- the special tax the Koran mandates for non-Muslims who submit to Islamic rule.

Nor was that the beginning of the terrorizing of Iraq’s Christians. In October 2006, a Syrian Orthodox priest, Fr. Boulos Iskander, was kidnapped in the Iraqi city of Mosul. He was never seen alive again. A Muslim group demanded $350,000 in ransom; they eventually lowered this to $40,000, but added a new demand: Fr. Boulos’ parish had to denounce the remarks made the previous month by Pope Benedict XVI in an address in Regensburg, Germany, that caused rioting all over the Islamic world. The ransom was paid, and the church dutifully posted 30 large signs all over Mosul, but to no avail: Fr. Boulos was murdered and dismembered, not necessarily in that order.

Five hundred Christians attended the funeral of Fr. Boulos Iskander. Another priest commented: “Many more wanted to come to the funeral, but they were afraid. We are in very bad circumstances now.”

This murder took place against a backdrop of increasing persecution of Christians in Iraq. Women were threatened with kidnapping or death if they did not wear a headscarf; in accord with traditional Islamic legal restrictions on Christians “openly displaying wine or pork” (in the words of a legal manual endorsed by Cairo’s venerable Al-Azhar University), liquor store owners in Iraq were threatened and some were murdered. Many of their businesses were destroyed, and the owners fled. A onetime Iraqi liquor store owner now living in Syria lamented that “now at least 75 percent of my Christian friends have fled. There is no future for us in Iraq.”

Now that Barack Obama is removing U.S. troops from Iraq, this resurgent Islamic supremacism will only gain momentum. Though he could have helped protect Iraq’s Christians, Obama has shown no interest in using his bully pulpit to alleviate their plight. Instead, Obama has manifested a disquieting eagerness to cozy up to Sharia regimes – notably the one in next-door Iran, which is working still to create a Shi’ite client state in Iraq. Christians, as well as other non-Muslims, will suffer increasingly, in direct proportion to Iran’s success in Iraq. Muslim persecution of Christians -- built as it is into the foundations of Islamic theology and law -- is only going to increase as the Islamic reawakening continues in the Muslim world. Obama should -- if he had the guts and the vision that so many loudly proclaimed that he had -- stand up and say, “No more.” But he won’t.

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Mr. Spencer is director of Jihad Watch and author of "The Politically Incorrect Guide to Islam (and the Crusades)", "The Truth About Muhammad," and "Stealth Jihad" (all from Regnery -- a HUMAN EVENTS sister company).

Homeless Law Update

2009-07-15T15:44:00.002-05:00

Punks invade Williamsburg as heroin-addicted hobos set up shop in trendy Brooklyn neighborhood
BY Ben Chapman and Elizabeth Hays DAILY NEWS WRITERS
Wednesday, July 15th 2009, 4:00 AM

Heroin-addict hobos from around the country are overrunning hipster haven Williamsburg - living in stalled luxury condo projects in the trendy Brooklyn neighborhood.
The newcomers, who call themselves "gutter punks," are stirring outrage among residents and shopkeepers who charge the bums brawl on the sidewalk, shoplift and shoot heroin in trendy cafe bathrooms.
"It's like St. Marks in the '70s," said Williamsburg activist Philip DePaolo, referring to the notorious East Village hangout. "It's the bad old days all over again. There's crack and heroin all over the neighborhood."
The squatters, from middle-class families, hop freight trains to the city, where they can earn up to $150 a day panhandling in Manhattan. At night, like plenty of other borough commuters, they return to their homes: grubby hideaways inside boarded-up lots that pock the once-booming neighborhood.

"I've got to sleep somewhere, and I might as well do it in Williamsburg," said Stuart, 22, a Florida college dropout.
The admitted alcoholic and heroin user makes $15 an hour panhandling in Union Square, holding a sign that reads "Traveling Broke and Sexy."
"The girls here like it that I'm dirty and I ride trains," he added.
That's bad news for locals, who want Stuart and his brethren out - as soon as possible.
The vagrants - who also call themselves "crusty punks" - swarmed into Williamsburg this spring, drawn by open-minded young people and vacant lots.
Packs of punks and their mangy dogs clog Bedford Ave. in the evenings. They sprawl drunkenly on the sidewalk and heckle hipsters for money and cigarettes.
"There's a big crowd of us here," said Sethry, 20, of Portland, Ore., lounging near NorthNinth St. one recent night. "Every night it's a party with all our friends."
The Daily News found at least four current or recent squats clustered near Driggs Ave. and North 10th St., each littered with mattresses, clothes and bottles.
Squatters said 510 Driggs Ave. is a "shooting gallery" - a hot spot for heroin. The site, developed by Kalmon Dolgin, was slated to be a 50-unit luxury rental with penthouses fetching up to $5,000 a month. Kalmon Dolgin didn't return calls for comment.
"This is not Haight-Ashbury," said Community Board 1 member Evan Thies. "This is a family neighborhood."

Cops said they haven't seen an increase in crime or vagrants, but would monitor the area. "If someone is found trespassing or sleeping in [the lots] ... they will be arrested," said NYPD spokesman Detective Joseph Cavitolo.
Buildings Department officials said a special unit has been created to monitor stalled construction sites across the city.

http://www.nydailynews.com/ny_local/brooklyn/2009/07/15/2009-07-15_hordes_of_hobos_set_up_shop_in_williamsburg_punks_invade_neighborhood.html#ixzz0LMZZPCSj&C

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As a formerly homeless man this must be condemned. The homeless have enough problems with the DOPE FIENDS and DIRT BAGS creating even more -

New Elder Law Podcast

2009-07-15T15:42:00.000-05:00

Today's Show:Choosing Your Medicare D Plan Today's Guest: Hilary DalinWhat to Look for in a Medicare Part D PlanThere are between 45 and 60 Medicare drug plans to choose from in any given state. Learn how to find the plan that best meets your needs and where to turn for help. LISTEN NOW

Your Host: Harry S. Margolis Founder & President of ElderLawAnswers the first online resource devoted to the legal needs of the elderly. More ElderLaw Radio Interviews

FIrst Amendment Update

2009-07-09T16:35:00.001-05:00

Iran holding two young women in prison because they're Christians
Threats to the Islamic Republic

"And throughout history, Islam has demonstrated through words and deeds the possibilities of religious tolerance and racial equality." -- Barack Obama, Cairo, June 4, 2009.
Here's another demonstration.

"Maryam and Marzieh – In danger of being forgotten in Iran," from Voice of the Martyrs, July 9 (thanks to Pamela):

The two Iranian Christian women, Maryam Rustampoor (27) and Marzieh Amirizadeh (30) continue to be held in Evin prison in Iran because of their Christian faith, unfairly labeled as ‘anti-government activists’, because of the hostility of the government towards practising Christians.
In the aftermath of the political turmoil in Iran, they are now in danger of being forgotten. One church leader from Iran said, “With so many hundreds of protestors now in the prison system, Maryam and Marzieh are likely to be forgotten.”

Arrested on March 5 , 2009, the two young women have now been in prison for four months. After being in solitary confinement for three weeks in May and early June, they were then put one small cell together for about two weeks. Then, following the arrests of thousands of protestors after the disputed presidential elections, Marzieh and Maryam were moved to a larger cell to make room for new prisoners. About 600 women were brought Evin prison during the days of the protests. There is still no clarity regarding their case. In one court session in June a judge told them that he would make sure they were both executed as ‘apostates’. Maryam and Marzieh have responded with courage, however, telling the judge to “expedite his sentence.”
“Maryam and Marzieh have demonstrated great courage and trust in God. They believe the promise of Jesus that they will be given the words to speak when they are taken before judges,” says Sam Yeghnazar, founder of Elam Ministries.
Please continue to pray for Maryam and Marzieh as they suffer in prison in Iran. Pray they will continue to experience the strengthening presence of God and that they will be a witness of the love and grace of Christ in Evin prison. We invite you to post a prayer on our Persecuted Church Prayer Wall.

Please also consider Maryam and Marzieh in prison at:

Evin PrisonSaadat AbadTehranIslamic Republic of Iran
Yes, you can write in English but if you wish to compose a letter in Farsi, our US sister mission has an online tool that can help you. Click here.

Please noteWhen writing a letter, never mention the name of the source of your information or the name of any organization such as Voice of the Martyrs or Prisoner Alert. It is not dangerous for a prisoner to receive letters from individuals, but if an organization is mentioned they may be accused of links with ‘foreign organizations’ and receive harsher sentences. Also, please do not state anything negative about their government.

Virtual Paralegal Jobs

2009-07-09T15:25:00.002-05:00

Virtual Paralegal Jobs: This One Pays Up to $100k

I must be in the wrong business. Today, I spotted an ad for a "Partial Telecommute Paralegal" who can work from home. The paralegal must be experienced in litigation, contracts, tort and workers compensation. The salary? $35,000 - $100,000 per year for a full-time position.
Let me get this straight. I can wake up in the morning, watch a little Good Morning America, put the coffee on, check my e-mail, browse the morning paper, walk Ruffy, and decide whether I want to take my laptop out on the deck in my jammies or stay in the family room while the kids play and be at work all at the same time. Holy, moly.

No parking hassles, no high gasoline prices, travel time, 3 x 6 foot modular, felt-covered walls called an "office".....no Screaming Mimi's looking over my shoulder, no punching a clock, no lunches with co-workers I don't particularly like, and most of all, no fire drills that force me to run down 22 flights of stairs in an effort to make my fire warden look good. And no one cares if I'm wearing the latest fashion, have gained a few unslightly pounds, am over 50 or even 60, or have that don't-say-anything-but-she-has-an-unremovable-mole-on-the-end-of-her-nose. Yeah, I'll take that.
And, I can make $100,000 a year for my trouble. Did I say I would take that?
It seems that Legal Solutions Group, a company that provides e-billing, case and litigation management software is in need of a paralegal/legal assistant. They service the general insurance, third party claims, loss adjustment of the financial services industry and corporate legal departments. The website states that the CEO of the company is located in New York; the V.P. is in the U.K., the other V.P. of Account Management is in Philadelphia and the account manager is somewhere in Australia. Now, that's my kind of company. Weekly meetings must be a gas.

For those of you who belong to the part of the workforce that first said the fax machine would never catch on, cell phones were just a fad and Facebook was for teens - take a look at what's happening around the globe. Just as we interview paralegals around the world for KNOW, The Magazine for Paralegals in our efforts to bring the global community together, it is apparent that legal services vendors are now providing virtual services from cities around the world. The virtual world is rapidly approaching the paralegal field. The question is, is the paralegal world ready to handle these kind of changes?

Anyone out there looking for a total work/lifestyle change? It sure sounds appealing.
Email this • Technorati Links

Paralegal Buys Elder Law Practive for 20 Bucks

2009-07-09T15:23:00.002-05:00

Paralegal Buys Law Practice from Elderly Lawyer for $20.00

This goes right up there in the "Hall of Shame" red file. According to the ABA Journal (quoting from the Orange County Register in Orange County, CA), a paralegal "bought" a law practice valued at $750,000 from an elderly, 84-year-old lawyer for $20.00.

The lawyer, suffering from dementia, sold his practice to 42 year-old Mario David Abernathy of Garden Grove, CA.

Abernathy was sentenced to two years in state prison for felony grand theft from an elderly person. He was also ordered to pay $15,300 in restitution to the victim. In addition, the grant deed and documents transferring the victim's law practice, estate and finances to the defendant and his family were ordered to be declared null and void.

The Orange County Public Guardian obtained temporary conservatorship to protect the financial holdings of the attorney, whose wife of more than 50 years had recently died in July 2008, according to a statement released Friday by the Orange County District Attorney's Office.

Abernathy, who is informally trained as a paralegal, met the attorney in August, 2008 and befriended the victim. Abernathy then started to take advantage of the victim's deteriorating medical condition, according to District Attorney spokeswoman Farrah Emami.

The Orange County Public Guardian noticed an unauthorized withdrawal from the victim's bank account and alerted Anaheim Police after they were unable to locate the attorney.

Anaheim police arrested Abernathy on Sept. 26, 2008, when they found him with the victim in a fast-food parking lot. Prosecutors did not make public the name of the victim because of his medical condition and out of concern for his privacy.

New Elder Law Needed

2009-07-09T15:19:00.000-05:00

National Academy of Elder Law Attorneys Urges New Legislation

When Congress returns, the health care reform battle will begin in earnest. The National Academy of Elder Law Attorneys (NAELA) is urging the public to keep up the pressure and intensify efforts so that the nursing home legislation will be passed. The NAELA hopes that people will call their U.S. Senators and Representative in early July to voice their support for action on comprehensive health reform, and to urge the inclusion of supports and services for individuals in need of long-term care in any health care bill. Nursing home legislation is imperative to ensuring the health of our elder community. To read more about the nursing home legislation, please click the link.

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Posted In: National Nursing Homes, Legislation

Criminal Law Update

2009-07-09T15:17:00.000-05:00

A Chilling Look at Central American Gangs and Why They Are a Threat
By Douglas Farah

For those interested in exploring one of the greatest internal and transnational threats to the United States, there is a new book out today by Samuel Logan, This is For the Mara Salvatrucha: Inside the MS-13, America's Most Violent Gang.

The book traces the history of Brenda Paz, a young Honduran who joins MS-13 and eventually becomes the most effective police witness against the organization, before she was killed. But besides the individual story, the book shows just how powerful and ruthless the MS-13 has become. Given that it now has chapters in thousands of cities across the United States, and maintains its transnational structure through the clan structure in Central America, the gang (or mara in Spanish) presents a significant challenge.

But it is not just a local law enforcement issue. It is truly a transnational threat that can destroy countries. Yesterday I heard Carlos Castresana Fernandez, head of the International Commission Against Impunity in Guatemala (Comision Internacional Contra la Impunidad en Guatemala-CICIG) discuss the serious problems of the organized criminal networks operating out of Guatemala.

He noted how the already-disturbing situation in Guatemala had gotten dramatically worse in the past three years and Mexican and Colombian cartel operatives, particularly Los Zetas, moved in and took control of local criminal operations.

The cartels were aided and abetted in their takeover efforts by the local gangs, primarily MS-13. On Guatemala's northern border with Mexico, Castresana Fernandez said, the organized criminal groups and gangs are the only authority, in the face of the complete absence of the state. "Maras plus organized crime has proven deadly," he said.

That is the reality on the ground in much of Central America. The gangs are increasingly moving from local criminal operations, coordinated with their partner gangs in the United States, to move illicit products like stolen cars, methamphetamine and weapons, into the muscle for the drug cartels.

Hate Speech - from the Holy Muslims? NAH!!!

2009-07-09T15:15:00.001-05:00

IPT Uncovers Hate Speech, Hezbollah Defense at ISNA Conference
By The Investigative Project on Terrorism (IPT)

A top aide to President Barack Obama provided a keynote address at last weekend's 46th Islamic Society of North America (ISNA) national convention, a gathering that attracted thousands of people and also featured anti-Semitic, homophobic rhetoric and defense of the terrorist group Hezbollah.
In her remarks, Senior Advisor for Public Engagement and International Affairs Valerie Jarrett noted she was the first White House official to address ISNA. She spoke in general terms about interfaith dialogue and cooperation. She praised her hosts for "the diversity of American organizations, and ideas that are represented and will be debated" at the convention.
And she openly invited ISNA President Ingrid Mattson to work on the White House Council on Women and Girls that Jarrett leads.

Chicago Elder Abuse and Nursing Homes

2009-07-09T15:13:00.000-05:00

Chicago Nursing Home Fails Sprinkler Test

The Grove at Lincoln Park may have a five star rating, but it also has seven fire-related violations including sprinklers that were not maintained in working order. The Arbour Health Care Center also received a five-star rating, despite an inspection last year that turned up four fire deficiencies. These Chicago nursing homes are rated as the top homes in Chicago, yet have serious safety issues. Medicare officials say that they have received many complaints about the rating systems, especially the failure to include data on satisfaction. In fact, the formula for ranking nursing homes does not include so-called “life safety code” violations, including fire code violations. Fires can easily start in crowded areas after nursing home negligence. To read more about the fire violations, please click the link.

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Identify Theft and The Elderly

2009-07-09T15:12:00.000-05:00

Nursing home employee steals resident's identity
Posted on July 7, 2009 by Ray Mullman

WLKY.com had an article about the Louisville Metro Police's investigation of a nursing home employee who stole the identity of a patient, then turned around and took out nearly $100,000 in loans. Danielle McClain faces at least a dozen counts of aggravated identity theft. McClain was an occupational therapist at the Hurstbourne Care Center at Stony Brook. She stole 85-year-old Jean Wright's personal information. Wright spent six weeks at the facility after bypass surgery on her leg.

The investigation determined McClain had stolen Wright's information off her driver's license and from conversations the two had in the facility. Records show McClain listed Wright as her grandmother on loan applications. If convicted, McClain could face at least 20 years behind bars.
Records show McClain was convicted of forgery, theft, and criminal possession of a forged instrument in September 2000 and sentenced to 6 years in prison. Those records show she was released from prison in October 2007. There is no explanation how she got hired at the nursing home. It is doubtful the facility did any criminal background check. If the facility had done an appropriate and required background check, this incident never would have happened.

Nursing Home Abuse Abounds

2009-07-09T15:10:00.001-05:00

Grandson Alleges Poor Nursing Care Results In Bed Sores "You Could Stick Your Fist" In

Harriman Care and Rehabilitation Center is under investigation after the grandson of a resident claims the facility provided such extraordinarily poor care that his grandfather developed advanced bed sores so big, 'you could stick your fist in'. The grandson, William Brummitt claims the care Harriman provided to residents was so poor that it resulted in harm to both his grandfather, William Williams and his grandfather's roommate, Larry Waldo.
Brummitt claims the facility mistreated Waldo so severely that he 'had laid in bed for seven days without a sheet being changed.' 'Flies were swarming around his left leg stump, where the femur was exposed," Brummitt added referring to Waldo's amputated legs.
Waldo died on June 25th, from "years of neglect to his health" according to a memo from the Roane County District Attorney. Nonetheless, the complaints from Brummitt prompted an autopsy to be performed on Waldo to help determine if the gangrene and subsequent leg amputations were necessitated by poor nursing care or an inevitable medical necessity.
Interestingly, Mr. Brummitt's mother, Bonnie Brummitt, is the power of attorney for William Williams and has attempted to block her son's contact with the nursing home. Are William Brummitt's allegations accurate or are they nothing more than an unfair portrayal of care at this Tennessee nursing home?

Read more about the allegations made against Harriman Nursing Home here.
Signature HealthCARE LLC

Signature HealthCARE is a Florida-based health care company, operating 21 skilled nursing facilities in Tennessee. Harriman Nursing Home is a 180-bed facility in eastern Tennessee, that concentrates in both rehabilitation and long-term care.
Related Nursing Homes Abuse Blog Entries

Nursing Home Visits. An Opportunity To Conduct Your Own Inspection.
Bedsores: Are You At Risk?
A New Resource For Bed Sores: BedSoreFAQ.com

Posted on July 8, 2009 by Jonathan Rosenfeld

HIdden Elder Abuse

2009-07-09T15:08:00.000-05:00

Financial Exploitation: The Hidden Elder Abuse
July 8, 2009
Posted In: California Financial Elder Abuse

By Steven Peck on July 8, 2009 7:55 AM Permalink

The injuries suffered by an older person from physical abuse or neglect are tragic, but there's a much less sensational and publicized form of elder abuse - financial exploitation - that can be equally devastating. When a relative or "friend" exploits an older person and manages to drain away savings and assets that have taken years to accumulate, from that point on, the elder's life style is severely diminished. Despite its devastating impact, financial exploitation seems to be the least understood of all forms of elder abuse. A review of the literature on elder abuse and neglect reveals that most books and articles spend little or no time on financial exploitation. In addition, most protective service agencies, which are charged with investigating financial abuse cases, do not adequately train their caseworkers to handle the problem. Usually, adult protective services (APS) caseworkers either are trained as social workers or come from other public service agencies that emphasize the caregiving or social services aspect of elder care. While this kind of background equips APS workers to deal with abuse or neglect cases, it does not provide them with expertise in investigating financial cases involving the transfer of monies and properties from incapacitated or vulnerable adults.

Finally, there is an overall reluctance to report financial exploitation. Elderly victims may fail to report either because of their own incapacity or because of the stigma they feel would be attached to their being identified as a victim. An older person may also be reluctant to inform on a relative or caregiver who is exploiting because of emotional or psychological attachment to the person. Professional service providers, such as bank personnel, attorneys and health care workers often fail to report such cases either because they don't know which agency to call or because they adhere to a policy of strict confidentiality with respect to their client's affairs.
How Do You Recognize Financial Exploitation?
While the definition of financial exploitation varies among the states, the one most commonly cited is illegal or improper use of an elder's or incapacitated adult's resources for profit or gain. (This definition comes from A Comprehensive Analysis State Policy Related to Elder Abuse, published by the American Public Welfare Association/National Association of State Units on Aging in July 1986.) Service professionals should check their local laws to determine the precise definition used in their county or state.

Although each case presents its own particular facts, exploitation tends to fall into predictable patterns. The common denominator is the existence of a relative, friend, or caregiver in whom the elder has placed confidence or trust. The delegation of financial authority to the exploiter may be done openly or come about more subtly. Below are three categories of elders who are especially vulnerable to financial abuse and the most typical exploitation scenarios:
* An elder who is physically dependent on a caregiver who isolates him or her from social and family contacts. Because of the isolation and physical dependence on the caregiver, the elder loses his or her free will and becomes powerless to say no. As long as this relationship continues in isolation, the victim (who otherwise may appear rational and lucid) may even ratify the exploitative transaction after it has occurred.
* An elder who is "slipping." These cases involve elders who once may have been perfectly capable of handling their own financial affairs, but dementia or other ailments cause them to lose interest and ability in such matters. These elderly people typically turn to the exploiter, who again is someone they trust, to handle their financial affairs. Often the delegation of responsibility is not overt, but is simply assumed by the exploiter, with little or no understanding by the elder of what is occurring.

* The bereaved widow[er]. These cases typically involve persons who have had long marriages and whose spouses conducted the financial business of the family. The spouse dies, leaving the survivor to cope with the emotional devastation of being left alone, compounded with the anxiety and confusion of having to deal with financial matters in which he or she has little experience. For such people, dealing with banks, creditors, and professionals is a nightmare that only serves to remind them of how much they miss their spouses. The entrance of the exploiter is a welcome relief that opens the door to the blissful state of allowing someone else to handle the money.
Once the exploiter obtains access to the senior's financial assets, the actual methods of exploitation are likewise predictable. One of the most commonly used means of transferring property is the general, durable power of attorney. This instrument, which is typically quite useful in dealing with an incapacitated elderly person's affairs, is a powerful tool in the hands of an unscrupulous person. Such an instrument allows the appointed attorney-in-fact full legal authority to transfer an elder's property - including houses, stocks, bonds, and bank
accounts.Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney.

Categories:
California Financial Elder Abuse
Posted by Steven

Caveat Emptor

2009-07-09T15:04:00.002-05:00

http://www.californiaelderlawattorneyblog.com/2009/07/washington-states-death-with-d.html

Glorify Hitler but Hate Savage?

2009-06-29T15:35:00.002-05:00

We glorify Iran's Hitler and hate Michael Savage?
Posted: June 20, 20091:00 am Eastern© 2009

I think if it were possible during World War II, that CNN foreign correspondent Christiane Amanpour would have interviewed Hitler in the Fuhrer Bunker just to have his side of the story.
~ Dr. Michael Savage (June 17)
The banality of evil.
~ Hannah Arendt (1963)

For the rational person who still holds out any hope for an independent press dedicated to reporting the truth, one has only to consider the 24/7 servile press of the presidential elections in Iran. The coverage by the government-controlled media here in America of Iranian politics demonstrates to me that liberals really do have a love affair for fascist dictators.
Yet radio host Michael Savage, an authentic American patriot and conservative intellectual with a Ph.D. in the hard sciences from the University of California at Berkeley, is ignored; a modern-day Prometheus, who alone has been waging a protracted war with England since May 5 to clear his name, is vilified when unjustly blacklisted by America's closet ally.

We glorify the Hitler of Iran, yet we hate Michael Savage?
While millions of Iranians daily risk death by rioting in the streets of Tehran over the election farce that elevated Mahmoud Ahmadinejad to a second term as president, the government-controlled media here in America, even Fox News, are sycophantic in their obsequious coverage of the Iranian election despite glaring examples of voter disenfranchisement and now a bloody, mounting death toll.

But for some tepid, perfunctory remarks by President Obama, his press secretary and State Department officials being "deeply troubled by the level of violence," the Obama administration's apparent complicity with the government-controlled media exhibits a smug and disturbing sense of self-satisfaction regarding the cataclysmic events in Iran.
The doctor is in and the diagnosis is clear. Don't miss Michael Savage's "Liberalism is a Mental Disorder"

Whether discussing a nation of millions like Iran or a singular man battling alone in the gladiatorial arena of ideas as Savage has done for over 15 years, there are some irresistible dichotomies between these two entities I wish to explore:
Iran is a fanatical Muslim nation under the iron fist control of the mullahs. These religious fascists believe that women are second-class citizens, that Israel is "little Satan," that America is the "great Satan" and that in order to usher the arrival of the 12th Imam, Iran must ignite Armageddon by "wiping Israel off the map" just as soon as they equip their rockets with nuclear warheads.

Savage is a champion of the nation of Israel. He both admirers and is very knowledgeable of the Judeo-Christian traditions of intellectual thought that brought Israel to her Golden Age under Kings David and Solomon; transcendent ideas that once made America a great republic.
Since the ayatollah's coup d'état drove the shah of Iran from power 30 years ago, Iran has been the world's greatest exporter of Islamic terrorism. Their litany of crimes against humanity is well-documented – from the 52 American hostages held for 444 days in 1979, to the 241 American soldiers in killed by an Iranian truck bomb in Lebanon in 1983, to Iran's involvement with the 19 Muslim terrorists that killed 3,000 Americans on 9/11.
Iran is currently giving safe haven to wanted terrorist leaders. Iran is the insidious hand behind Syria, which wields de facto control of Lebanon under Hezbollah, and Gaza under Hamas, making these nations Iran's proxies These are anti-Semitic rogue nations that for decades have committed thousands of terrorist attacks against the nation of Israel.

Savage has never killed anyone. Savage has never called for the death or overthrow of any democratically elected government. In contrast, Savage is America's modern-day Samuel Adams, a true patriot. I called him Prometheus, yet to this day Savage is treated like the Hitler of Iran while the real Hitler of Iran is enjoying universal celebrity and slavish media obeisance.
Don't let the "protests" in Iran deceive you. The autocratic Iranian government can stop those political demonstrations as easy as China did in 1989 when the communist government brutally crushed the student protests for democracy in Tiananmen Square. In both cases America and the world displayed weakness as evil grew.

We glorify the Hitler of Iran, yet we hate Michael Savage?

I believe most neo-Marxists like Obama truly admires the omnipotent power of totalitarian regimes like Venezuela, Cuba, North Korea and Iran and that he and his fascist legions covet such power here in America for themselves. Obama is the de facto dictator of America right now. Newsweek's Evan Thomas last week deified him as "sort of God."

In the early 1960s, during the trial of the notorious Nazi Adolph Eichmann, Jewish intellectual and writer Hannah Arendt, reporting for the New Yorker, first coined the aphorism, "the banality of evil." She postulated whether evil is essential to radicalism or merely a function of banality – the propensity of ordinary people to follow commands and conform to mass opinion without critical thought of the moral consequences.

Likewise, are Obama and his government-controlled media accomplices really outraged over the Iranian mullah's stealing the election? I think not, because they are both part of the same Liberal-Muslim Axis. Michael Savage, together with Joseph Farah's WorldNetDaily, have been shouting from the roof tops that here in America just seven short months ago we elected an unremarkable, untested senator who to this day has not revealed to Congress or the American people his college grades, his LSAT scores for law school, what country he was born in, or even if he is a "natural born citizen" according to Article 2, Section 1 of the U.S. Constitution.
On this last point there are currently only five House members out of 535 members of Congress who have signed on to support proposed legislation mandating that all future presidential nominees prove U.S. citizenship … after Obama. This political cowardice is both deficient and outrageous!

In the end, what is the difference between the mullahs stealing the election in Iran versus President Obama and the Democratic Party stealing the election here in America?
… which is why we glorify the Hitler of Iran and hate Michael Savage.