Elder Justice Prosecutor Samples

Requests Court dismiss counterclaim with prejudice because it is barred in whole or in part by: breach of fiduciary duty; breach of trust; conversion; elder financial abuse; fraud, deceit and fraudulent inducement; intentional infliction of emotional distress; need for declaratory judgment; unjust enrichment; undue influence

Requests Court deny motion because an expert's opinion on the nature and history of the joint bank accounts is helpful and admissible

Because estate lacks assets to pay its debts, requests Court: schedule Show Cause hearing; order respondent to maintain property and lower listing price; appoint petitioner to oversee property sale

Requests: Court Office arrange for Chancellor recusal; Court overrule discovery request denials and schedule four days of trial time because issues will take more than three and a half hours to present

Argues Court must deny motion because defendant can testify, plaintiff acted in a fiduciary capacity, there was no donative intent, transactions were not gifts, counterclaims are not barred by doctrine of laches

Requests Court: deny motion; revoke all document transfers by financial advisor including Power of Attorney and Executor; impose No-Contact order on financial advisor, his associates and attorneys; grant plaintiff's assets to her son; award guardianship to plaintiff's son; award financial relief; invalidate transfers of plaintiff's assets to financial advisor; impose sanctions against financial advisor, his associates and attorneys for contact or dealings with plaintiff; order return of all plaintiff's investment capital

Requests: Financial Advisor/Executor be removed; originals /copies of elderly client's financial records and assets be returned; a No-Content Order be issued; damages awarded for expenses and litigation (2011)

Argues Court must find draft report requires no modification because: plaintiffs failed to carry burden of persuasion on causes of action; court applied evidentary standard for document authentication; deed was determined to be valid

Argues Court must affirm final report because: decedent executed deed after receiving independent legal counsel; trial evidence discredited plaintiffs' evidentiary evidence; plaintiffs failed to show existence of an enforceable oral promise

Requests Court: issue No-Contact order on behalf of elderly client; order all financial records, assets and copies be returned; order financial advisor's name removed from elderly client's documents, including Executor status; order compensatory damages; report financial advisor's attorney to bar association and Office of Disciplinary Council for allowing elderly client to sign documents under duress and without legal representation

Requests Court: invalidate asset and properties transfers; impose no-contact order; sanction defendant/his associates for return of capital obtained with power of attorney; rescind power of attorney and executorship; award transfer of deed, all assets and guardianship to son; file action with Disciplinary Council for collusion (2011)

Recommends Court invalidate 2006 estate documents, rescind and invalidate questioned transactions, award damages and grant relief because: 2006 estate documents and questioned transactions were products of undue influence; attorney did not recall meeting decedent the same day he signed power of attorney document; decedent suffered cognitive decline after 2004

Recommends Court grant motion for summary judgment because facts, affidavits, and evidences show misrepresentation, fraud, conversion, concealment, estoppels by conduct and estoppels by deed

Argues Court must invalidate 2006 estate documents, rescind and invalidate questioned transactions, award damages, and grant relief because: power of attorney is invalid; after 2004, decedent lacked requisite cognition; decedent's son is not collaterally estopped

Argues Court of equity must not ignore: perjury; false testimony; money laundering; deceit; misuse of courts; self-dealing; financial exploitation of elderly disabled beneficiary. Requests Court award remainder of revocable trust to respondent (2009)

Requests Court deny motion and enter order appointing special discovery master with costs of master split among parties (2007)

Alleges elderly adult unduly influenced to alter last Will. Requests Trust be distributed to original beneficiaries (2006)

Requests Court deny motion because: documents probative; out-of-court statement by infirm adult exception to hearsay rule. Affirms decedent's condition. (2004)

Chapter 33. Powers of Attorney and Health Care Decision-making V. State Statutory Forms; B. Mental Health Care Advance Directives (2014)

Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and Hospice of the Comforter, Inc. (2013)

Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and The Ensign Group, Inc. (2013)

Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and Lymphedema & Wound Care Institute of Texas, Inc. D/B/A Lymphedema & Wound Care Institute and Lymphedema and Wound Care Consultants of America, Inc. D/B/A Lymphedema & Wound Care Institute. (2013)

United States of America and the State of Illinois ex rel. Vanessa Absher and Lynda Mitchell v. Momence Meadows Nursing Center, Inc., and Jacob Graff, in the United States District Court, Central District of Illinois, Order on Summary Judgment, defendants' motion for summary judgment denied. (1/15/2013)

United States of America ex rel., Academy Health Center, Inc. f/k/a/ Adventist Health Center, Inc. v. Hyperion Foundation, Inc. d/b/a Oxford Health and Rehabilitation Center; Altacare Corp.; HP/Ancillaries, Inc.; Long Term Care Services, Inc.; Sentry Health Care Acquirors, Inc.; HP/Management Group, Inc.; Harry McD. Clark; Julie Mittleider; Douglas K. Mittleider; and John Does 1-200, in the United States District Court for the Southern District of Mississippi, Jackson Division, United States Complaint in Intervention. (2/28/2013)

Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and GGNSC Holdings LLC, GGNSC Decatur II LLC, D/B/A Golden Livingcenter. (2012)