Thursday, January 8, 2009

Caregiver Inherits It All

Fletcher Johnson was vacationing last fall when he learned in an email that his stepfather, Warren Cummins, had died at home in Portland on Sept. 24.

The news came from Patricia McIntosh, Cummins’ live-in caregiver. Johnson wrote back that his stepdad’s passing was “sad, even if not unexpected.” Cummins was 91 and relied on McIntosh to provide for his basic needs.

Unbeknownst to Johnson, Cummins signed over his $492,000 West Hills home, plus securities and bank accounts worth up to $400,000, a month before his death. And he rewrote his will, leaving everything else to the same person.

The recipient wasn’t Johnson. Nor was it one of Cummins’ three adopted children. It was McIntosh, who had been his caregiver for just three months.

As Multnomah County investigates allegations of elder abuse in the case, two of Portland’s leading probate attorneys are squaring off in court to decide who should inherit the money Cummins made during his career as an accountant.

While state administrative rules prohibit “using the nurse-client relationship to exploit the client by gaining property or other items,” such cases are notoriously hard to detect and difficult to prove.

As part of Measure 57, which voters approved in November, Oregon launches tough new mandatory sentences this month for people accused of targeting the elderly. But the fight over Cummins’ estate illustrates just how ambiguous and messy such cases can be to sort out.

Full Article and Source:
Estate Of Denial -
Think prosecuting elder abuse will be easy under Newly passed Measure 57? Maybe not.


More information on Measure 57:
The cynical shell game that is Measure 57

Governor proposes slim budget for Measure 57

Oregon Ballot Measure 57 (2008)

3 comments:

Anonymous said...

Geez, this sure looks like the caregiver was looking for a person with money to "care" for.

But it can also go the other way --perahps Cummins appreciated the caregiver so much and felt like the caregiver had done more for him than his family -- and rewarded her accordingly.

Only Cummins could have told us.

Anonymous said...

My gut feeling is that the elder Warren Cummins was taken advantage of by his caregiver Patricia McIntosh.


All of his assets and his home willed one month before his death at 91, to someone he knew for 3 months? - give me a break. I don't buy this for one minute and I hope a jury sees through this con-artist.

The caregiver is hired help - period - end of discussion.

If Mr. Cummins had the urge to disinherit his family, he certainly would not have waited into his
90's to execute his wishes.

Now, the lawyers will get a big piece of the action ~ what a shame.

Anonymous said...

Most of the time, we automatically think the caregiver is a gold digger -- and most of the time, it's true.

History repeats itself.