Florida Probate Attorney and Florida Inheritance Lawyer Florida Probate Attorney Blog

Mikey Rooney Elder Abuse Info. Restraining Order ended.

In early March of this year 90 year old former actor Mikey Rooney testified before a special senate committee about elder abuse from a family member believed to be 52 year old step son Chris Abert that he says he had experienced. He felt trapped, scared, used, and frustrated. 

The senate committee is considering legislation to curb abuses of senior citizens.

"Above all," Rooney said of being a victim of elder abuse, "when a man feels helpless, it's terrible."

Every year, an about 2.1 million older Americans are victims of physical, psychological, sexual, financial, or other forms of abuse and neglect, according to the American Psychological Association. And for every case reported to authorities, experts estimate there may be as many as five cases that were not reported.

Elder abuse cuts across all socioeconomic groups, cultures, and races, according to the National Center on Elder Abuse. And it can occur anywhere - in nursing homes and other institutions as well as private homes. Older people who are demented are especially vulnerable, as are those who have a substance abuse problem - or are cared for by someone who does.

Rooney accused Aber in LA Superior Court filings of withholding food and medicine and meddling in his personal finances. On February 15 he was awarded a restraining order by the judge in which Aber could not come within 100 yards of Rooney. He was concerned that Aber may even try to kidnap him unless he signed over all his property so he also had the court appoint a conservator also referred to as a guardian in some states. His attorney was appointed for this purpose. 

Fortunately on April 6 they were able to settle the matter and Rooney agreed to drop the restarining order with Aber agreeing to voluntarily leave him alone. 

Click here for a 3 minute video of Mickey Rooney speaking about Elder Abuse.

Sources February 15 TMZ.com  April 6 2011 TMZ.com and CBS News

Death with Dignity

In an interesting and in the view of the writer of Probate Attorney Blog correct decision 83% of a approximately 300,000 person CNN.com poll said that Physician assisted suicide for terminally ill patients should be legal.  Information about the Oregon Death with Dignity Act can be found here. 

Two "Wives" litigate over decedents burial

As part of the estate planning process it is important that people do pre planning for their final arrangements and designate what they desire for their burial or other final arrangements.

This article illustrates what can happen when that is not done. Marital Status is important when a person dies though because not only does that person have an important role in the final arrangements but it is an important issue for determining who is entitled to property as well. Certain rights such as homestead, family allowance, elective share are predicated on marriage and even if someone provides for a spouse in a will pursuant to Florida law provisions in a Will or Trust are voided by the divorce and treated as if the spouse had predeceased. 

The article says that the final resting place for the decedent will be decided by a judge as two women litigate over which was his wife at the time of his death and what city he will be buried in.

He was married in 1954 and had 3 children. As the article mentions there is a dispute over whether he had actually divorced his wife or merely pretended to do so in order to get remarried in 1989. Although there is a document trail they disputed and appear inconclusive. The initial wife says "she suspected and became aware that John E. Burrell ... was consorting with and was involved with other women, (but) John Burrell continued to represent himself to her as being her husband." She sought to have him buried within days of his death but the second woman who felt she was married to him told the funeral home they could not do so.

"Currently the body of the decedent is being stored at Petitioner's mortuary and will become a health hazard if not buried in the very near future," said the funeral directors Aug. 29 petition seeking instructions from the court.  "At this point, we just want him buried or shipped or whatever needs to be done," she further mentioned.

He should have signed the proper documentation and made pre planned final arrangements with a funeral home or other final arrangements making clear his desires for these arrangements and they could have then been carried out and avoided the long, public and costly litigation. Obviously he should have let his "wives" know to whom he was truly married but he should have also made the proper pre planned final arrangements and discussed them with his family so there would be no attempt to contest his desires. Instead he died in July and his body will remain in limbo sitting in the mortuary until late December at the earliest as the final arrangements are litigated.

End of Life Planning in China

Americans complain about and are concerned about our health care system and end of life planning but a truly troubling article about the state of health care especially in respect of costs toward the end of life medical treatments can be found here.

The article indicates that a daughter brought her mom to be cremated merely to avoid losing her savings to medical bills. The article sadly indicates that unfortunately it was not such an isolated incident but that a substantial percentage of people cannot afford medical care so even those who are not terminal and are able to walk around are killing themselves or their family are doing crazy things like in this situation were they are bringing them to be cremated while still alive. Fortunately for this woman she was noticed to be alive since she was crying just prior to having been cremated.

In the US and in Florida the daughter would almost certainly face criminal charges although it was unclear what would happen in China.

If the daughter were found to have caused the death by the greater wait of the evidence. She would not be able to inherit anything from the estate. The Florida killer statute would prevent it.

This article also illustrates the importance of planning for long term care insurance, putting money aside in health care savings accounts or other retirement and health care savings with longer life expectancies and more costly medical care this is becoming a more important issue for all Americans as well as people word-wide.