Story 1

Newspaper:
THE REPOSITORY
Date:
Feb 26, 2006
Day of Week:
Sunday
Page:
A1
Headline: Trillium, judge
Credit:
Botos, Tim
Contributed Byline:
NoContributedByline
Length (in lines):
48
Trillium, judge
aim to improve
guardianships
Agency forms committee
to review its work, changes
some procedures, personnel
BY TIM BOTOS
REPOSITORY STAFF WRITER
CANTON An agency thats guardian for more than 200 incompetent
people in Stark County must change the way it does business, says the
judge who controls those guardianships. And the agency itself has
formed a committee to review how it does its guardianship business.
Many of Trillium Family Solutions practices were scrutinized in a fivepart series in The Repository in January, in a review of more than 400 of
its cases filed in the last six years.
Theres a lot of good thats coming out of this, said Stark County
Probate Judge Dixie Park, whose court oversees all guardianship cases.
After the series, Trillium officials contacted the judge, met with her on

Jan. 30, and again after that. Park said they essentially asked what they
need to do to fix the problems.
There are some situations that need to be addressed ... its an ongoing
process, the judge said, adding that Trillium has been receptive and
cooperative about changing.
Among the problems turned up in the series: questionable appraisals of
wards homes; selling personal items to the same people who appraised
them; steering clients to select nursing homes; paying auctioneers as
much as 50 percent commission; irregular visits with wards; and potential
conflicts of interest in the guardianship program. Most of those issues
were addressed by the judge, before and after the stories appeared.
A REVIEW AND CHANGES
Trillium, a nonprofit agency that does everything from counseling
families, to HIV and AIDS case management, recently made a change of
its own. The agency replaced attorney Jon Hollingsworth with John Prelac.
Hollingsworth, who handled legal guardianship work including the sale of
wards houses, had established a system to sell the houses that was
efficient, but misled the court; Trillium regularly had homes appraised
after, instead of before, they sold at auction. The appraisal usually
matched the auction price meeting a court requirement that homes be
sold for no less than appraised value.
In the past, Hollingsworth asked the court to appoint David Tarr as
guardian ad litem to represent wards in land-sale cases. Tarr, who once
was Trilliums attorney, responded to the court with a form letter that
essentially left the decision of selling up to the judge.
Park said she now will require guardian ad litems to review the sale and
recommend approval or denial.
Trillium officials also have appointed William Bittle, retired dean of Kent
State University Stark Campus, to head a committee to independently
review its guardian service.
It will be an objective look, Bittle said, adding he has no ties to Trillium.

The agency, he said, wants it that way and thats the only way hed agree
to do such an evaluation. He plans to appoint experts in fields including
law and real estate to his committee.
The stories pointed out that Park, in her second full year as a judge,
already had made several changes. In the past year, Park denied Trillium
requests to sell wards personal belongings to the same people who
appraised the value of those items.
With approval of former judges, guardians had sold furniture to The Barn
Sale, a Waynesburg business, and jewelry and coins to Hartville Coin
Exchange, based solely on appraisals by those businesses.
Park said shed met with Trillium officials last year to explain that bills
submitted to the court for approval were difficult to decipher. She revived
a volunteer visitor program to review existing guardianships. And she was
appointed co-chairwoman of the forms committee of the Ohio
Association of Probate Judges, which is revising legal paperwork used for
filing guardianships.
WHATS NEXT AND TRILLIUMS LETTERS
Since the stories appeared, the judge said shes also:
-- Spoken with colleagues in two other counties
-- Met with Trillium officials
-- Installed a guardianship training program on the courts Web site
-- Investigated using sheriffs sales to sell wards properties
-- Placed an ad in a bar journal, seeking volunteer guardians
-- Required Trillium to submit caseworker notes to elaborate on billing
-- And is looking into creating an advisory council that could include
senior advocates.

The judge said she no longer will allow Trillium to submit requests that
are self-referrals hiring other segments of its own agency to perform
work for wards. Already this year, Park rejected a request by Trillium to
hire themselves to clean for a ward.
Its self-dealing, Park said.
Trillium, however, still contracts to provide Adult Protective Services in
the county, though the judge agreed that is a potential conflict of
interest. Trillium says 1 in 5 of its guardianship cases is a referral from its
own protective services work.
Thats something theyre going to have to evaluate, Park said.
Shes also told Trillium its guardians must visit wards a minimum of four
times a year.
This is a community issue, not just a court issue or a Trillium issue,
Park said.
After the stories appeared, Trillium embarked on a mission to inform the
community about its guardianship program, which began 37 years ago. In
a combination of letters to donors, clients, and others, a letter to the
editor of The Repository and a paid ad, Trillium acknowledged a need for
improvement, while defending many of its practices and criticizing the
reporting. All the printed material is available on Trilliums Web site at
www.trilliumfs.org
We want to provide quality care to our clients ... in an ethical manner,
said Trillium Executive Director Eve Brown.
Trillium board member Stephen Matasich said he and his colleagues are
awaiting the results of Bittles independent review. Meanwhile, he added,
Trillium is pushing forward with its goal to adhere to standards and codes
of ethics prescribed by the National Guardianship Association.
Among Parks goals for this year: updating a manual all guardians get
upon appointment; beginning a guardian training program; seeking more
volunteers for the visitor program; reviewing all the local forms; and
finalizing new land sale forms, which she said will make it impossible for

auctions to occur before appraisals.

Reach Repository staff writer Tim Botos at (330) 580-8333 or e-mail:
tim.botos@cantonrep.com
Trillium Family Solutions
-- Trace its roots to the 1887 incorporation of the Canton Association of
Charities. The modern version was known as Family Counseling Services
of Central Stark County, beginning in 1974. In 1990, the agency was
renamed Family Services, then four years ago changed its name to
Trillium Family Solutions.
-- The nonprofit agencys budget topped $3.5 million for 2005.
-- Its funded by United Way, government contracts, grants,
contributions, fundraisers and fees from programs.
-- Its services include counseling, medical assessments, mental health
and HIV-AIDS case management, housekeeping, deaf information, adult
protective services, payeeships and guardianships.
Source: Trillium Family Solutions

Story 2
Newspaper:
THE REPOSITORY
Date:
Jan 18, 2006
Day of Week:
Wednesday
Page:
A1
Headline: Quest for freedom goes on Overturning guardianship in courts
proves difficult
Credit:
Botos, Tim
Length (in lines):
44
Quest for freedom goes on
Overturning guardianship

in courts proves difficult

In Stark County, Trillium Family Solutions and its employees file an
estimated 40 percent of the guardianships of adults. The Repository
examined more than 400 such cases filed by Trillium (formerly Family
Services) in the last six years, and found questions about how the
nonprofit agency does business and where Trilliums interests and the
wards part.
The stories were assembled with court records, academic studies on
guardianships, and interviews with guardians, wards and their families,
attorneys, and medical experts.
Sunday: Competent or Incompetent? and Whos guarding the guardian?
Monday: Seized homes
Tuesday: Nursing home deals
Today: Set us free
BY TIM BOTOS
REPOSITORY STAFF WRITER
With a pen and three sheets of notebook paper, Donald Robinson tracks
his finances. At Hilltop Villa nursing home in Wooster, the 67-year-old is
part entrepreneur and part loan shark.
At the home for veterans, he gets a $50 per month allowance the
customary stipend an indigent gets from Medicaid money. The rest of the
government funding for the poor pays for room and board.
But Robinson, a former Kirby Vacuum salesman and distributor, has a
secret. He opened his wallet, and counted out $1,632, mostly in
hundreds. All parlayed from his modest allowance.
He makes $5 loans to fellow residents for an $8 return. He sells cups of
coffee for $1 each. And he sells cigarettes for 50 cents apiece. All the
transactions recorded by date on the notebook paper.

They say I cant keep records, he said, a smile creasing his lips.
Donald Robinson doesnt want to live in a nursing home. He wants to
work again and rent an apartment. But he cant make it on his own, say
those charged with looking after him. Four years ago, Stark County
Probate Magistrate Thomas Moushey declared Robinson legally
incompetent.
An assessment worker at Trillium Family Solutions (then known as Family
Services), a medical doctor who provided an expert evaluation, and
Moushey agreed Robinson couldnt care for himself, nor could he manage
his $1,100 a month Social Security benefit.
A recovering alcoholic and a diabetic, Robinson said hes not ready to end
his life in a nursing home. He wants his guardian removed so he can
make decisions for himself again.
Im not a village idiot, he said.
The 5-foot-6 Robinson, who adores his cigarettes, has tried mightily to
get out of the guardianship. During the past three years, former Probate
Judge Robert Horowitz and current Judge Dixie Park each agreed to listen
to Robinsons arguments, but refused to remove guardianship.
Park said she puts tremendous credence in the evaluations performed by
physicians, as well as assessments completed by the courts independent
investigator. However, she added, she also likes to hear from the
prospective ward, friends and family, in her courtroom.
FIGHTING FOR INDEPENDENCE
On July 6, 2004, Robinson paid $100 for cab fare to visit Psychological &
Family Consultants on Dressler Road NW. He hoped to get an expert
evaluation of himself to fight the guardianship.
Robert Devies, a psychologist, wrote that hed need a longer visit with
Robinson to make such a determination. After further competency
testing, Devies recommended the guardianship continue.

Robinson tried again.

Last summer, he visited Laurel Smith, a Wooster psychologist. She noted
that he suffered short- and long-term memory problems, though not
enough to necessitate guardianship. She submitted paperwork to the
court indicating Robinson no longer needed a guardian. He testified on
his own behalf and submitted a letter from the pastor at his church.
Still, Park declined to lift the guardianship.
Determining a persons competency isnt always black and white, said Dr.
Irwin Lilenfield, a Trillium contract physician who often submits expert
evaluations with guardianship applications.
I may see them only for 15, 30 or 45 minutes, he said. Lilenfield said
hes refused to sign evaluations for Trillium if he believes a guardian is
unwarranted.
A state-mandated, one-page form of expert evaluation that doctors are
asked to complete may not tell the whole story.
Were not taught how to fill them out, said Dr. Elizabeth O Toole, an
associate professor at Case Western Reserve University who specializes in
geriatrics, end-of-life decisions, and long-term care.
In many instances, she said multiple visits may be required to accurately
assess a patients competence. The days of Ive seen this doctor for the
last 30 years, those are mostly over.
FIGHTING TO hold on
Under guardianship for the past five years, Estabelle Landau has retained
assets of about a half-million dollars, much of it left her by an uncle.
In her younger days, she was a nurse at the former Timken Mercy Medical
Center. Today, the 69-year-old lives on her own in the North Canton
house where she grew up. Her modest furnishings include a hand-medown couch and chair and a 20-year-old Zenith TV set.
I have nieces and nephews, and Id like to do for them like my uncle did

for me, she said.

Landau, diagnosed with paranoid schizophrenia, is worried about her
finances. She said she needs a guardian, because she cant keep track of
her stocks and bonds alone. However, on two occasions, physicians
submitted reports to Probate Court saying a guardianship is unwarranted.
Trillium was initially granted guardianship of Landau in 2001. In its first
nine months as guardian, the agency billed her $21,000 for their services.
The court requires guardians to submit annual reports, in which the
guardians recommend if guardianship should continue. Along with that
assessment, guardians must turn in another expert evaluation.
In 2003 and in 2004, Dr. Krishnan Sivaram wrote that a guardianship no
longer was in order for Landau, checking boxes to indicate she can care
for herself and her business affairs.
Trillium opposed the physician.
Guardian Patricia Mandator wrote a letter to then-Judge Robert Horowitz,
urging him to continue the guardianship. It was true, she wrote, that
Landau was stable and taking her medications. However, Mandator said
that Landau might spiral downward without a guardian.
The guardianship remained in place.
Unhappy with Trillium, in 2004 Landau asked if her guardianship could be
switched to Gail Arenstein and the Canton Jewish Community Federation.
Magistrate Jennifer Lile agreed, and it was transferred.
RESTORED RIGHTS ARE RARE
How do you get your competency restored? Its essentially permanent,
said Winsor Schmidt, chairman of health policy and administration at
Washington State University, whos authored books and studies on
guardianships.
Its not supposed to work like that, but Schmidt said judges and courtappointed guardians rarely reverse their opinion of a wards competency.

The entire guardianship system, he said, errs on the side of caution, at

the expense of independence.
Sometimes though, a ward regains competency in the eyes of the court.
In six months time, Charles Snyder went from incompetent to competent.
In March 2004, Trillium applied to be his guardian, while he was in Mercy
Medical Centers rehabilitation unit. Snyder was recovering from a stroke
he suffered two months earlier. A physician wrote that the widower could
not live alone at his Christmas tree farm near East Sparta, and
recommended guardianship.
I was not real happy with that, said Snyders brother Jerry, who lives on
the same street.
Jerry Snyder filed an application of his own to take guardianship over
Charles. The court granted it to him. Three months later, Judge Park
terminated the guardianship when another physician said it wasnt
needed.
No one would listen to me, Charles Snyder recalled.
SAFEGUARDING YOURSELF AND FAMILY
Living wills and durable powers of attorney are your way to make sure you
have a say in your care during your senior years, Schmidt said. The legal
documents, drafted while you are competent, can spell out who is to
make decisions for you if you no longer can.
But even those can be overturned in court.
Although Trillium portrays itself as guardian of last resort, there are
instances when it actually sought guardianships over people who had
willing and able family members.
On Nov. 17, Trilliums employees, Rhiannon Bickart and Janet Swartzel,
and attorney Jon Hollingsworth tried to get guardianship of 87-year-old
Nadine Shaheen. That despite the fact that she lived at home with her
husband and a son.

Another son, Greg, hired attorney Alex Robertson to help him fight.
We felt that a guardianship was totally unnecessary, Robertson told
Judge Park. They want somebody who really is complete strangers to be
her guardian. They dont know her.
Trillium tried to overturn a durable power of attorney Nadine had granted
to her son, allowing him to handle her affairs. Hollingsworth accused
Greg Shaheen of not caring for his parents.
Hes not taking care of his parents properly because he doesnt want to
spend his inheritance, Hollingsworth told the judge.
Park referred the case to a mediator, and guardianship ultimately was
granted to Greg Shaheen. He said he wasnt interested in his parents
money, but hes convinced Trillium was.
Reach Repository staff writer Tim Botos at (330) 580-8333 or e-mail:
tim.botos@cantonrep.com
Repository Julie Vennitti
ACCUSED Greg Shaheen, left, and his attorney, Alex Robertson, tries to
fight Trilliums attempt to become legal guardian of Shaheens mother,
Nadine Shaheen.
Repository Julie Vennitti
WEIGHING BOTH SIDES Judge Dixie Park said expert evaluations of
competency are important, but added she also likes to speak with the
prospective ward, if possible, before making a decision.
Repository Julie Vennitti
GLAD TO BE ON HIS OWN Charles Snyder said no one listened when he
said he neither needed nor wanted a guardian.
Elizabeth OToole, Case Western Reserve University professor.

Story 3
Newspaper:
THE REPOSITORY
Date:
Jan 17, 2006
Day of Week:
Tuesday
Page:
A1
Headline: Trillium counts on nursing homes Agency steers wards into
facilities it does business with
Credit:
Botos, Tim
Length (in lines):
34
Trillium counts on nursing homes
Agency steers wards into facilities it does business with
In Stark County, Trillium Family Solutions and its employees file an
estimated 40 percent of the guardianships of adults. The Repository
examined more than 400 such cases filed by Trillium (formerly Family
Services) in the last six years, and found questions about how the
nonprofit agency does business and where Trilliums interests and the
wards part.
The stories were assembled with court records, academic studies on
guardianships, and interviews with guardians, wards and their families,
attorneys and medical experts.
Sunday: Competent or Incompetent? and Whos guarding the guardian?
Monday: Seized homes
Today: Nursing home deals
Wednesday: Set us free
BY TIM BOTOS
REPOSITORY STAFF WRITER
Side-by-side in a nursing home room, Frank and Betty Watts planned to

spend the rest of their lives together as they had during 55 years of
marriage.
Separating them would have killed them, said their daughter, Rosemary
Marren.
But thats what it came to in the fall of 2004. Trillium Family Solutions,
the Stark County Probate Court-appointed legal guardian for her parents,
delivered an ultimatum: For the agency to continue as guardian, it had to
move the elderly couple from Woosters Westview Manor, into a Stark
County nursing home, likely in different rooms.
The move wasnt about patient care, or living closer to the rest of the
Watts family. Marren and her brother both live in Wayne County.
Instead, she said, it was about the money. I fought them for a year.
With Marrens blessing, Trillium had obtained guardianship of the Wattses
in 2003. The agency sold their home and belongings, and moved them to
Westview Manor. A year later, the couples money was gone, except
monthly Social Security and pension checks, which were directed to the
nursing home to supplement Medicaid funds to cover their housing bills.
The Wattses were indigent.
That meant Trillium could no longer collect its customary $70 an hour for
services from the couple. In other Northeast Ohio counties, which use
court-appointed attorneys or volunteers as guardians, situations such as
the Wattses are the norm. Its understood that when a ward runs out of
money, the guardians no longer get paid, though they continue in that
duty.
Trillium, a nonprofit social-service agency, usually wont accept such an
arrangement.
All things being equal, we will place the ward in a nursing home that we
have a contract with, said Trillium Executive Director Eve Brown. Were a
business just like anybody else.
CONTRACTS FOR CARE

No way was Marren going to allow her parents to be moved, especially at

their age. Frank Watts, 84, a former janitor at Mount Union College, and
Betty Watts, 87, a one-time Alliance city employee, had adjusted to life at
Westview Manor.
Last year, she agreed to take over guardianship of her parents from
Trillium.
Frank and Betty Watts got to stay at Westview Manor.
Once my parents ran out of money, they didnt want anything to do with
them, Marren said. (Trillium was) the one who spent all their money to
begin with.
Three years ago, in the midst of a budget crunch, then-Probate Judge
Robert Horowitz cut off an annual stipend of $24,000 a year paid to
Trillium. Similar funds from the Stark County Department of Job & Family
Services also were cut.
Trillium officials said they had to recoup that cash. Their proposal to
nursing homes: Sign a contract with the agency, which allows it to bill
nursing homes directly at the same $70-per-hour rate. At the point a
Trillium ward becomes indigent, the nursing home must begin picking up
the tab. Trillium officials said they had 51 indigent wards in nursing
homes or at private homes at the time.
Trillium is certainly not getting rich off it, said Susan Strutner,
administrator at Chapel Hill Community, a Lawrence Township nursing
home, which signed the contract.
Not every nursing home would sign the deal. And Trillium officials point
out that they didnt move any of the original 51 clients, essentially eating
costs for those who remained in nursing homes that didnt sign on.
The message in the long run was clear though if you dont sign a
contract, you dont get any more Trillium wards. Lisa Garnes, Trilliums
vice president of social services, said she realizes nursing-home
operators may have felt backed into a corner.

We dont dislike Trillium, said Jack Banks, administrator of St. Joseph

Care Center, a nursing home in Nimishillen Township. Theyre nice
people. Theyre conscientious. But we dont think its right.
Its just a real different way of doing business, said Sam McCoy, director
of elder rights at the Area Agency on Aging, which serves Stark and three
other counties.
His biggest concern is nursing-home access for wards, since Trillium
effectively steers its wards into select nursing homes. Trilliums Garnes
said its never become an issue because the agency has contracts with 30
nursing homes.
TRILLIUMS NICHE
The free-standing nonprofit agency has become Starks de facto public
guardian. No one appointed it as such it simply stepped into the niche
37 years ago, and now accepts referrals from hospitals, nursing homes
and from itself in the form of Adult Protective Services.
The arrangement with Trillium is unique in Northeast Ohio, where most
probate courts use attorneys or volunteers when a family member isnt
available to serve as guardian. Medina County Probate Judge John Lohn
recently started a volunteer guardianship program, providing training to
those interested in the work.
But we never have enough, he said.
Stark County Probate Court Magistrate Gust Goutras said he tried in the
1980s to establish a reserve of local attorneys willing to be volunteer
guardians. He mailed letters to every attorney in Stark County.
I had one response, one, he said, holding up one finger.
A growing need
On average, a single Trillium employee is guardian to 40 wards.
Thats far too many, said Winsor Schmidt, chairman of health policy and
administration at Washington State University. In the past two decades,

hes written books and reports on guardianship, including Wards of the

State: A National Study of Public Guardianship, a 234-page study
published last year.
A one-on-one guardian-to-ward ratio setup is ideal, he said, but that
occurs only when a family member serves in that role. One of the biggest
problems in guardianship now is the supply of guardians, Schmidt said.
An aging baby-boomer population will create a need for more guardians
in coming decades. In 2004, Ohio had more than 36,000 wards, an
increase of nearly 15 percent in just five years.
Schmidt advocates a caseload of no more than 20 wards for each
guardian. Trillium has about 40 wards to each of its employee guardians.
With ratios as high as Trilliums, Schmidt said, agencies tend to do whats
expedient, such as selling a wards belongings and moving him or her
into a nursing home. From there, he said, its much simpler to manage
their affairs.
Brown, Trilliums executive director, said academicians who arent in the
field with clients often miss the mark with their opinions.
Its easy to sit in an ivory tower, she said.
Reach Repository staff writer Tim Botos at (330) 580-8333 or e-mail:
tim.botos@cantonrep.com

Story 4
Newspaper:
THE REPOSITORY
Date:
Jan 16, 2006
Day of Week:
Monday
Page:
A1
Headline: Trillium's sale of ward homes studied Property values, auction
profits lead to questions
Credit:
Botos, Tim
Length (in lines):
32
Trilliums sale of ward homes studied

Property values,
auction profits
lead to questions
BY TIM BOTOS
REPOSITORY STAFF WRITER
CANTON In her best interest and for her own good, it explained, Trillium
Family Solutions used its authority as Carmela Howells legal guardian to
sell her home and duplex.
They had moved the 80-year-old Italian woman into the Canton Regency
nursing home, so she didnt need the properties anymore.
Financially, the 4-foot-10 Howell got the short end of the deal. Her
properties sold at auction last spring, with most proceeds going to Kiko
Auctioneers, which hosted the sale, and Jon Hollingsworth, Trilliums
attorney.
The buildings in the 1400 block of Sixth Street NE werent in the best
shape, or in the best Canton neighborhood. The home sold for $9,750
Howell netted just $2,780.
It got worse. Her duplex sold for $6,300 Howells share was $22.23.
In the last six years, Trillium has sold homes of more than 50 wards at
auctions. An auction, as opposed to a private listing with a Realtor, is the
best way to quickly get rid of a property. Trillium officials say they must
liquidate the assets of many wards to qualify the wards for Medicaid,
government funding that can pay nursing-home bills for the poor.
Hollingsworth developed a sales system thats expedient, but misleads
the Stark County Probate Court that oversees guardianships. And the
setup regularly allows homes to be sold for less than the market value
affixed by the Stark County auditor.

Sale prices on the Howell properties and its adjoining lots totaled $16,150
less than half the county auditors combined market value of $42,800.
Probate Court requires appraisals before homes can be sold. Usually, the
judge orders Trillium to sell for no less than appraised value. That can be
difficult if the housing market is slow. To keep homes selling at a rapid
pace, Hollingsworth turned in appraisals to the court weeks after an
auction already was held in effect doing it backward.
Obviously, it doesnt look good, Hollingsworth said.
With an auction bid in hand, a Trillium-hired appraiser, usually Richard
Perkins, then signed papers fixing the value of homes at the exact price
theyd already auctioned for.
There were two appraisals, one before and one after, Perkins said. He
added hed only sign off on a post-auction appraisal if it was in the same
ballpark as the earlier one.
All this was done without the courts knowledge, said Probate Judge Dixie
Park and Magistrate Gust Goutras.
When advised of the practice, Park, Goutras and Trillium Executive
Director Eve Brown agreed it was wrong and said it will stop.
Hollingsworth blamed the after-sale appraisals on himself, but denied
homes sold for less than their value. The properties may not be as wellmaintained as the neighbors.
On the Howell property sales, Kiko collected $6,000, plus another $1,655
to pay for advertising. Hollingsworth was paid $2,600 for legal fees; his
Ohio Bar Title company got $1,175.
Richard Kiko Jr. said numbers dont always tell the whole story. Plenty of
times, he said, auctioneers must clean up a property just to make it
presentable for a sale. We usually lose money on these Trillium
(auctions). ... Its almost like a community service.
He said its possible Howell made out as best she could.
We dont gouge anybody, he said. Maybe we hit a grand slam for her.

LESS THAN MARKET VALUE?

We dont like to leave someones property vacant, said Lisa Garnes, vice
president of social services at Trillium. Aside from paying for upkeep and
utilities, empty homes are a target for vandals, she said.
A Mount Pleasant Street NE home in Lake Township, valued at $61,800 by
the auditor, sold for $27,500 in February 2004.
Trillium officials say the auditors market value of a home isnt accurate
with some wards properties. Often, they said, insides of a home are
unkempt which is why a guardian was needed in the first place.
In some cases, homes are resold for large profits within months of the
original auction.
For example:
-- A Columbus Road NE home in Plain Township sold for $57,000 in
2000; four months later, the buyer resold it for $87,500.
-- An Amherst Road NE home in Massillon sold for $40,000 in 2003; one
year later, it was resold for $90,700.
-- A 16th Street NE home in Massillon sold for $73,000 in 2003; a month
later, it was resold for $92,000.
SWITCHED ROLES
Hollingsworth typically asks the court to appoint a guardian ad litem to
represent the ward in real-estate sales. A guardian ad litem is to ensure a
sale is in the wards best interest.
In every instance, Hollingsworth requested the court to select attorney
David Tarr to fill that role.
Tarrs response is a boiler-plate paragraph that essentially says whatever
the court decides is fine. Tarr used to do the same legal work for Trillium
that Hollingsworth now does. When Tarr handled land sales for the

agency, Hollingsworth was the guardian ad litem.

Hollingsworth said he selects Tarr because hes familiar with
guardianship cases and understands the nuances of the system.
On March 16, 2004, Hollingsworth filed a complaint with the court to sell
76-year-old Marion Beebes home, and asked the court to appoint Tarr
guardian ad litem. Two weeks later, Tarr filed his response.
Apparently, neither attorney realized Beebe had died on March 14. The
land sale case was later dismissed, because guardianship legally ends
upon death of the ward.
Reach Repository staff writer Tim Botos at (330) 580-8333 or e-mail:
tim.botos@cantonrep.com
AFTER-SALE APPRAISALS
Typically, a real-estate appraisal is completed before a house is sold.
That was reversed in the sale of some properties of wards of Trillium
Family Solutions.
Trilliums regular appraiser, Richard Perkins, said he did an early
appraisal, then completed a second one that he turned in to the court. The
result of the backward process was that homes often sold for less than
market value. Heres an example:
-- On Aug. 16, Trillium asked Stark County Probate Court for permission
to sell the home of ward Fritz Knetsch at 1549 Bedford Ave. SW. The most
recent auditors market value of the home, from two years prior, was
$58,000.
-- On Aug. 30, Probate Judge Dixie Park ordered an appraisal.
-- On Sept. 1, Kiko auctioned the home; the high bid was $52,000.
-- On Sept. 13, Perkins signed appraisal papers, valuing the home at
$52,000.
On Oct. 24, Park OKd the sale, ordering Trillium to advertise and

privately sell the home for no less than appraised value.

On Oct. 26, Trillium filed papers with the court, indicating the home was
sold for the appraised value of $52,000.
description of scans CUTLINE
Breakdown on the proceeds from a sale of one of Carmela Howells
properties. A ward of Trilliums, she netted $22.23.

Story 5
Newspaper:
THE REPOSITORY
Date:
Jan 15, 2006
Day of Week:
Sunday
Page:
A5
Headline: Trillium's billing methods scrutinized Ward's assets pay for
guardianship services
Credit:
Botos, Tim
Length (in lines):
31
Trilliums billing methods scrutinized
BY TIM BOTOS
REPOSITORY STAFF WRITER
CANTON Suffering from bipolar disorder and in the midst of a messy
divorce, Dian Moore was a prime candidate for guardianship.
The 55-year-old was prone to extravagant spending, a classic symptom
of her mental illness. In less than three weeks, she bought a new Ford
Expedition and a Jaguar, with little or no means to pay for them. R.R.
Denny Clunk, then the county probate judge, agreed that Family Services
(now known as Trillium Family Solutions) should control her money.
By the summer of 2002, Moores assets hovered near $300,000. Much of
the cash came by way of a divorce settlement with her husband, James, a
retired Goodyear Tire & Rubber engineer. Also, he paid his former wife

$1,200 a month alimony for the next three years.

With Trillium as legal guardian of her finances, she couldnt touch a dime
without its approval. It was Trilliums duty to make choices, balancing
Moores wants with her needs, to support her.
Today, Moore is virtually penniless.
And shes furious.
Those people didnt do one damn thing except spend my money, and
turn around and tell me it was my fault, she said.
After a brief stay at the YWCA, she now lives in a $377-a-month room in
downtown Cantons Towne Manor Motel. Her life is far removed from the
days she frequented Glenmoor Country Club.
Sometimes, we dont have a success story; Ill admit that, said Eve
Brown, executive director of Trillium.
During Trilliums stint as guardian, Moore was arrested on charges of
theft, breaking and entering, and disorderly conduct.
Her situation was a trying one, said Lisa Garnes, vice president of social
services at Trillium. Still, she believes Moore would have been in worse
shape, and probably much faster, without a guardian.
In a little more than five years as her guardian (Trillium was appointed in
August 2000), the agency collected more than $65,000 from Moore for its
guardianship and associated services some for as much as $70 per
hour.
Among the charges:
$17.50 for time spent to prepare a formal request to give her $10 cash.
$84 to deliver money to her, order a pizza, and leave a voice message
for medication refill.
$192.50 for time visiting, grocery shopping and filling prescriptions.

 More than $100 for time shopping at Marcs and Giant Eagle to buy bed
pads and trash bags, shopping for pillow cases; and to deliver
incontinence supplies, garbage bags and spending money to Moore.
ITS NOT FREE
In Ohio, there are two types of guardianship guardian of person and
guardian of estate. By law, an agency such as Trillium cannot be guardian
of person. To get around that, its employees serve as guardians of
person, while the agency usually is in charge of the estate.
Any service provided by an employee guardian or the agency itself costs
wards $70 an hour, an amount typical in all guardianship cases.
The money comes from the wards assets, controlled by Trillium. Every
moment working for a ward is billable time. For example, listening to or
leaving a phone voice mail can be billed as one-tenth of an hours work,
or $7. In February 2005, the agency billed 86-year-old ward Nick Orazi,
an Altercare of Navarre nursing home resident, $7 for time it took to open
an SBC refund check to Orazi for $3.31.
Guardian Patricia Mandator showered ward Alma Thompson with gifts in
2002. A 100th birthday present, flowers for Thanksgiving, a gift basket
for Christmas, a Valentines gift from Hartville Chocolate Factory.
The $145 to pay for the gifts came from Almas own money.
Gifts such as those can be important for wards who have no family, said
Trilliums Garnes.
Though Trillium is supposed to get court approval before spending any
money, the agency regularly pays itself for services, then asks for
approval later. On Jan. 8, 2004, a guardian asked Probate Judge Dixie Park
if she could sell Virginia Todghams 1979 Dodge. The guardian had sold
the car six months earlier for $200.
SERVICE EVEN AFTER DEATH
Guardianship is supposed to end when a ward is declared competent

again, or dies.
However, on July 8, 2002, Trillium documented a sale of $175 to Hartville
Coin Exchange for some of Ethel Houzes property. Houze had died 10
days earlier.
Requests for payment, submitted to the court by Trillium, arent itemized.
They read more like blanket purchase orders for compiled hours of
service. The only description of a service is an alphanumeric internal
Trillium code, which stands for types of work performed, such as
shopping or banking.
The bills have raised some questions from judges, including Park. Trillium
officials say they cant produce a more detailed bill on their computer
system.
If I got a bill that looked like that, I wouldnt pay it, acknowledged
Brown, Trilliums executive director.
SOLD TO THE APPRAISER
When Trillium moves a ward into a nursing home, the agency typically
sells his or her personal belongings.
Those sales sometimes are to the same people who estimate the
propertys value. Thats a direct violation of local probate court selfdealing rules, as well as ethical guidelines recommended by guardianship
associations.
At least 17 times, Trillium dealt with The Barn Sale, a Waynesburg-area
business, to clear items from apartments and storage units owned by
wards of the agency.
Trillium would ask the business to estimate the value. Barn Sale operators
Frank Kersey and Kathleen Kersey Grisez would look at the items, provide
an estimate, then buy the items for the estimated amount.
In 2003, they valued ward Blanche Brotts items including a sleeper
sofa, end tables, bed, night stands and a chair for $225, then bought it
all.

Trilliums guardians have sold wards belongings to Hartville Coin

Exchange in a similar manner.
In 2002, the Hartville shop valued Mattie Camerons jewelry: two gold
rings, two gold bracelets, a cubic zirconia bracelet, gold chain, gold-filled
watch, two-piece wedding set, bracelet, three pairs of gold earrings and
costume jewelry at $566. Trillium then sold it all to the business for the
$566.
Trillium officials point out the court approved the transaction.
But its a practice Judge Dixie Park stopped this year. This is clearly not
permitted for obvious reasons, she wrote in a letter June 17. When
assets are to be sold, they should be independently appraised for the
protection of all parties.
The court also requires a wards home be appraised before its sold, but
Trilliums attorney regularly had appraisal papers signed after properties
were auctioned. Brown said she wasnt aware backward appraisals were
being done, but said it will stop.
Reach Repository staff writer Tim Botos at (330) 580-8333 or e-mail:
tim.botos@cantonrep.com

Story 6
Newspaper:
THE REPOSITORY
Date:
Jan 15, 2006
Day of Week:
Sunday
Page:
A1
Headline: WHO'S GUARDING THE GUARDIANS Citizens lose all rights if
declared incompetent
Credit:
Botos, Tim
Length (in lines):
26
Citizens lose all rights

if declared incompetent
BY TIM BOTOS
REPOSITORY STAFF WRITER
CANTON In a courtroom, they fought for their independence, or accepted
the notion they couldnt take care of themselves or their money.
George Butka kept $32,000 in cash in his boarding room, and regularly
withdrew money from his bank to enter sweepstakes. Stroke victim
Charles Snyder wanted to go home to his Christmas tree farm. Widow
Mildred Wright said she and her adult son managed just fine, and needed
no help.
No one would listen to me, recalled the 74-year-old Snyder.
In criminal court, defendants are innocent until proven guilty beyond
reasonable doubt. In guardianship cases, essentially civil lawsuits, its far
easier to prove incompetence.
During the past three years, Trillium Family Solutions, a Canton nonprofit
agency, said Butka, Snyder and Wright were incompetent. All three,
Trillium contended, could not handle their money or make day-to-day
decisions in their lives.
A guardianship ... is a removal of all rights, said Sam McCoy, director of
elder rights at the Area Agency on Aging in Green, which serves Stark and
three other counties.
A MATTER OF WEEKS
Once formally claimed to be incompetent, prospective wards can defend
themselves in court. They may call friends, family, doctors, to testify on
their behalf.
They can hire an attorney, and ironically, they must also pay for Trilliums
attorney. That quirk is because state law doesnt technically see the two
sides as adversaries.

Guardianship hearings may last only a few minutes. In a matter of weeks,

from the moment a guardianship application is filed until judgment, a
person can lose his or her independence and become a ward of the court.
Last year, 280 people in Stark County were accused of incompetence.
Thats a jump of 63 percent from five years ago. Increasingly, Trillium is
taking on more cases and today has about 200 wards.
Calling itself the guardian of last resort, Trillium officials say they
accept cases when family members cant or wont accept guardianship, or
when there is no family.
Trillium has assumed the unofficial role as the countys public guardian,
accepting referrals from hospitals, mental-health providers, nursing
homes and even itself. It charges its wards $70 an hour for guardian
service.
conflicting SERVICES
For a decade, the agency that was known as Family Services also has
provided Adult Protective Services in Stark. It gets about $260,000 a year
in federal funds to look into claims of elder abuse or exploitation on
behalf of Stark Countys Department of Job & Family Services.
That duty provides a stream of wards for Trilliums guardianship service.
As the official protective services provider, it can make referrals to itself
for guardianship.
Its also common for Trilliums doctor, Irwin Lilenfield, to provide a
court-required expert evaluation supporting Trilliums guardianship.
And in the courtroom, the agencys assessment worker, Allison Mitchell,
testifies on behalf of the guardianship.
Trillium rarely loses in court.
Once appointed guardian, Trillium sometimes hires itself to provide
services for wards, through its Family Connection and Homemaker
programs, cleaning house and shopping, for example. The arrangement,
from beginning to end, is filled with potential conflicts of interest, say

experts in guardianships and caring for the elderly.

We are very aware of that, said Eve Brown, executive director of Trillium.
She said the agency has discussed the potential conflict internally, but
the setup makes the agency even more diligent in doing the right thing
for the ward.
The culture of this organization is we advocate for the client, said Lisa
Garnes, Trilliums vice president of social services.
Millions involved
As guardians, the agency controls millions of dollars of wards money.
Though it supplies accountings to the court, the paperwork gets only
cursory oversight, and the court doesnt audit accounts.
Its commendable that such organizations are filling a void, said Winsor
Schmidt, chairman of health policy and administration at Washington
State University, and author of books and studies on guardianships. But
to do that business, theyve got to be making money at it.
The guardianship system needs lots of improvement, he added.
Does it operate for the third party, or for the ward? Schmidt asked. After
all these years ... its still challenging to prove to me the system operates
for the ward.
A review of more than 400 Trillium cases filed since 2000 reveals
decisions that may not always benefit the wards. Trillium:
Has developed a system to expediently sell a wards home and
belongings. But the tactics used are misleading to the court and often
result in homes being sold for far less than market value.
Regularly broke local court rules prohibiting self-dealing. Trillium sold
wards personal items and valuables to the same people who provided
appraisals of the items for the court, instead of getting a second opinion
of value.
Paid itself for services, then asked for court approval later.

 Arranged a setup with nursing homes that ensures Trillium keeps

getting paid for services, even when a wards assets are exhausted. That
allows Trillium to steer its clients into select nursing homes.
Paid an auctioneer the equivalent of 30 percent, 40 percent and even 50
percent commission for selling wards homes; in one instance, the sale
left the ward a net profit of $22.
Provides infrequent visits to many of its wards.
Reach Repository staff writer Tim Botos at (330) 580-8333 or e-mail:
tim.botos@cantonrep.com
description of scans CUTLINE
Examples of a bill Trillium submits to the probate court for approval.
Often times, though, they actually pay themselves before actually asking
the judge for that authority.