If SAGA Bill Passes this would never happen But there are Congresspeople and Senators who are Guardians and dont want this Bill to be introduced.
Loretta Miller is the founder and President of SAGA ( Society Agaiinst Guardian Abuse)
Holland & Knight Files Elder Abuse Lawsuit on Behalf of Hollywood Legend Mickey Rooney, Claiming Financial and Verbal Abuse by Rooney Stepson Chris Aber
Suit alleges Aber fleeced Rooney's assets and withheld proper medicine and food
LOS ANGELES, Sept. 15, 2011 /PRNewswire/ -- Lawyers from Holland & Knight LLP have filed an elder abuse lawsuit on behalf of Hollywood legend Mickey Rooney and his court-appointed conservator. In a petition brought in Los Angeles Superior Court, the lawsuit claims that Rooney's stepson, Christopher Aber, and his wife, Christina, financially and verbally abused Rooney over a 10-year period, leaving the famed entertainer powerless over his assets and personal life.
In February of this year, Los Angeles Superior Court Judge Reva Goetz granted court protection to Rooney, appointing attorneyMichael R. Augustine as his conservator. Attorneys Bruce S. Ross and Vivian L. Thoreen of Holland & Knight in Los Angelesrepresent Rooney and Augustine, who charge the Abers with breach of fiduciary duty and fraud stemming from the elder abuse, along with misappropriation of Rooney's name and likeness.
The 90-year-old Rooney is one of America's most prolific entertainment icons. Starting from childhood roles in the late 1920s, he went on to appear in more than 300 films, along with hundreds of prominent television and stage productions. He also served in US military during World War II and is one of only a handful of entertainers to be given four separate stars onHollywood's Walk of Fame. In fact, despite undergoing double-bypass heart surgery in 2000 Rooney has continued to perform, making multiple film cameos in the last several years alone.
Although he remains mentally sharp and physically able, Rooney has nonetheless in recent years become dependent on others for care and assistance. Even throughout his career, Rooney relied on support from others to help manage his personal and business affairs. According to the complaint, Aber took advantage of the trust and confidence that Rooney put in him, and in the process took control of Rooney's income and finances to enrich himself and his wife, while leaving Rooney no control over or access to his finances. Rooney alleges that the Abers regularly withheld food and medication, leading to bouts of depression.
"Clearly fame does not insulate an individual from the trauma and neglect of elder abuse, as Mickey Rooney's case vividly demonstrates," said Bruce S. Ross of Holland & Knight. "Mickey was exploited by a close relative in whom he placed his trust and looked to for guidance. If a person of Mickey Rooney's stature and profile can be victimized, there are untold numbers of less fortunate seniors who are similarly being abused in this country."
According to the petition, Aber insinuated himself into Rooney's financial life in 2001 by naming himself an account owner and listing himself as a signatory on all of Rooney's personal and business checking and savings accounts. That included Rooney's account known as Densmore Productions, Inc. -- the primary vehicle for managing Rooney's professional activities.
Rooney alleges that Aber retained exclusive control over these accounts and used them regularly to sign checks payable to himself, to pay his personal expenses, and to transfer Rooney's income to his and his wife Christina's personal accounts. Aber even arranged for ATM debit/credit cards in the name of Densmore and regularly used them for his own benefit, while Rooney had no knowledge of their existence. It is believed that Aber held at least ten different American Express credit cards alone to finance his family's extravagant lifestyle. As a result of Aber's actions, substantial and repeated charges were incurred on credit cards for late payments, and exorbitant interest rates were imposed based in part on the amounts financed for which Rooney was liable.
Aber went to extreme lengths to maintain control of Rooney and his finances. He even established a post office box under his exclusive control and then arranged for Rooney's mail to be diverted directly to the post office box to prevent Rooney from being apprised of his correspondence or finances.
Rooney made numerous pleas and inquiries over the years about his mail and finances, but never received an appropriate response from Aber. In fact, Aber threatened Rooney with foreclosure on his home and the loss of his medical and health benefits to coerce Rooney into making appearances so that Aber could continue to benefit from controlling Rooney's estate.
According to the complaint:
Chris regularly used intimidating behavior, verbal abuse, bullying, false or misleading statements, threats and humiliation (both privately and publically) to manipulate Mickey to act for Chris's own financial gain. Chris employed such tactics with the intent to agitate, confuse, frighten or cause Mickey serious emotional distress.
As a direct result of Chris's actions, and through the help of others, the ongoing financial and emotional abuse took its toll on Mickey. During the last decade, Mickey felt powerless and unable to protect himself from coercion and abuse by Chris. Mickey became frightened when Chris or Christina came to his home, yet was afraid to leave his home or use his telephone for fear that he would be verbally abused by Chris for doing so, leaving Mickey frequently subject to bouts of depression. Chris and others denied Mickey not only his income during many years of forced servitude, but also the ability to maximize his opportunities and potential earnings that could have resulted from his lifetime accomplishments and fame. Chris and others instead oppressed Mickey by thwarting Mickey's attempts to recover control over his own life. Ultimately, Mickey had no alternative but to initiate the conservatorship proceeding to gain protection and freedom from Chris and others who were taking advantage of him.
As a result of Aber's actions, Rooney suffered needless and avoidable economic damage. Aber's breach of fiduciary duty and fraud related to Rooney's finances eventually led to income taxes that Rooney was responsible for to become so delinquent that Rooney had to refinance his home on more than one occasion and travel extensively to make numerous appearances all over the country and Europe in order to raise additional income. Rooney also faced hundreds of thousands of dollars in federal and multiple state late charges, penalties and interest for unpaid tax bills.
In testimony before the Senate Special Committee on Aging earlier this year, Rooney described his plight, "Over the course of time, my daily life became unbearable. Worse, it seemed to happen out of nowhere. At first, it was something small, something I could control. But then it became something sinister that was completely out of control. I felt trapped, scared, used, and frustrated. But above all, I felt helpless. For years I suffered silently. I couldn't muster the courage to seek the help I knew I needed. Even when I tried to speak up, I was told to be quiet. It seemed like no one believed me."
In addition to Aber and his wife, the complaint names several other respondents, including:
- Cindy Smith, the owner of California Heat Volleyball Club, who operated her business from the same location as the office used for Rooney's business. It is believed that Smith charged her personal and business expenses to Rooney.
- Jessie Heuer, who has run the Internet site mickeyrooneyfanclub.com since at least September 2005 using Rooney's name and likeness in the marketing and selling of unauthorized copies of numerous items belonging to Rooney, without his express consent or authorization. It is believed Heuer has entered into an agreement with Aber that Rooney is not aware of.
- Other potential co-conspirators who may be identified as the investigation into the fraud continues.
About Holland & Knight: Global law firm Holland & Knight (www.hklaw.com) has one of the country's largest and most diverse private wealth services practices, with more than 85 professionals representing high-net worth individuals and families in their personal and business matters. The firm is known for its trial experience in probate and trust litigation. For more on the Private Wealth Services Group, go to: http://www.hklaw.com/id16048/mpgid4745/.
SOURCE Holland & Knight LLP
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http://www.hklaw.com
Published on: September 15, 2011
Photography by: AFP via Getty
Hollywood legend MICKEY ROONEYslams stepson with elder abuse in blistering lawsuit.
Attorneys for Rooney, the former MGM child star and frequent Judy Garlandcostar, now 90, filed a lawsuit today in Los Angeles Superior Court on behalf of the famed actor.
The lawsuit claims that his stepson,Chris Aber, financially and verbally abused Mickey over a ten year period, leaving Rooney financially drained and emotionally worn from bouts of depression.
Attorneys from Holland & Knight brought the lawsuit -- claiming elder abuse, breach of fiduciary duty, fraud, and misappropriation of Rooney’s name and likeness -- against Aber and his wifeChristina, as well as two business associates Cindy Smith -- and Jessie Heuer who ran Mickey’s official web site.
As The ENQUIRER reported previously in February the court issued a restraining order against the Abers and appointed a conservator for Rooney, age 90.
““Clearly fame does not insulate an individual from the trauma and neglect of elder abuse, as Mickey Rooney’s case vividly demonstrates,” Mickey’s attorney Bruce S. Ross of Holland & Knight said.
““Mickey was exploited by a close relative in whom he placed his trust and looked to for guidance.
“If a person of Mickey Rooney’s stature and profile can be victimized, there are untold numbers of less fortunate seniors who are similarly being abused in this country.”
EXCLUSIVE - A tearful last message of love to the wife 'he was kept from' and a vicious family war over his cash: The wretched last days of screen legend Mickey Rooney who died 'choking on his food'
- Christopher Aber accuses his brother Mark Rooney of mistreating their stepfather
- He claims Mickey died after choking on his own food
- He says Mickey was forcibly kept from his mother, Mickey's eighth wife Jan, for the past year
- Christopher claims Mickey wept last week: 'Please tell Jan I love her’
- He denies claims he stole $2.8 million from the veteran entertainer
- The family are now at war over Mickey's funeral
The stepson of Mickey Rooney today revealed the vicious family war that has tarnished the Hollywood great's memory and made his last days wretched.
In shocking claims, Christopher Aber said the entertainer, who died yesterday aged 93, was a 'hostage' and was forcibly kept apart from his wife Jan Chamberlain - and alleges the star was so badly treated that he died after choking on his food.
Christopher’s bitter words lay bare the full extent of the family rift that cast a shadow over the beloved star’s career – and plans for a dignified burial.
Speaking to MailOnline today from his home in Los Angeles Christopher, 55, squarely laid the blame on his younger brother Mark Aber, at whose Studio City home Mickey passed away.
Family ties: Jan Chamberlain, the mother of Chris and Mark Aber, was Mickey Rooney's eighth and final wife. The pair wed in 1978 - but spent the past year apart
Allegations: Mickey Rooney's stepson Chris Aber claims the star, who died age 93 on Sunday, ended his days held as a 'hostage' from his wife Jan - and choked to death on his food. He lays the blame at his younger brother Mark
As his mother Jan, 75, wept in the background, Christopher, who has himself been accused of stealing $2.8 million from Mickey, said: ‘The sad part is that my mother has not been with my father for the last year, they’re not divorced, they’re legally married, living separately.
‘Mickey has been living apart with my brother. He was put in charge of Mickey, and he moved him to Studio City, they got to live freely, getting paid to look after him.
‘Well, he choked on his own food when he died, that’s how he died, they should have been looking after him. No-one was there to pat him on the back? I found out when I spoke to the doctors.’
He alleges that his own father saw his Mickey at a deli last week, claiming that in harrowing scenes: ‘Mickey grabbed him by the arm and said: ‘Please tell Jan I love her’, he was crying. They were keeping him from access to a phone, they kept him hostage.'
He claims that Jan – who had been married to Mickey since 1978 - refused to live with Mark, calling him a ‘scoundrel’, alleging: ‘Mickey was put under his care by the courts last year, that’s because my brother my mom of not being able to take care of him.’
Jan has been living with Christopher, his wife Christine and their kids Harrison, 12, and Hunter, nine.
‘He died at 4.30 on Sunday and he has hasn’t had the decency to call my mother. She found out when TMZ called me. What a way to find out your husband died,’ he said.
‘Finally in death you would think he has peace. But in the first 24 hours it’s crazy. We’re seeing who’s got durable power of attorney, whatever that means, my mum should be able to decide where he’s buried. But my brother says he’s getting Steven Spielberg to work on a big funeral for him, shouldn’t my mum decide? I have to hire attorneys just to find out what’s going on, we don’t know. It’s so unbelievable.
‘We don’t know who has the rights to arrange the funeral, it’s a mess. Mickey bought plots at Westlake Village where his mother is buried, five plots – one for him, me, mum, brother and one for my aunt – to be next to his mother. My brother is saying that he wants a public funeral but that’s not the sort of man he was.
‘I was with Mickey every day of my life for forty years until two years ago. If anyone knows Mickey, it’s me and my mother.’
As they were: Mickey Rooney and his eighth and final wife Jan at the 1978 Oscars in Hollywood
Mickey and Jan attend former US President Ronald Reagan's internment service in 2004
Brothers at war: The stepsons of Mickey Rooney - Mark Aber, who now uses the name Rooney, on the left and Chris Aber, on the right. Hollywood great Mickey died aged 93 on Sunday at Mark's Studio City home in LA
Actor Mickey, the diminutive screen dynamo of the 1930s and 1940s, had a more than 80-year career which spanned silent comedies, Shakespeare, Andy Hardy stardom, television and the Broadway theater. His most popular movies include his films with his close friend Judy Garland, a fellow child star, including Babes in Arms and Strike up the Band.
He was just as known for his colourful love life that saw him married eight times, with 11 children.
Mickey started his career in his parents' vaudeville act while still a toddler, and broke into movies before age 10. He was still racking up film and TV credits more than 80 years later — a tenure likely unmatched in the history of show business.
'I always say, 'Don't retire — inspire,'' he told The Associated Press in March 2008. 'There's a lot to be done.
In 1978 Mickey, who was then 57, married singer Janice who was at the time 39. was to be his eighth and final marriage
He won two special Academy Awards for his film achievements, and reigned from 1939 to 1942 as the No. 1 moneymaking star in movies, his run only broken when he joined the Army.
Happier times: Mickey Rooney, his wife Jan, and her sons Chris (at the back) and Mark (in the front) alongside Mark's wife Charlene
Family at war: Jan Rooney's sons are now battling over their step-father Mickey Rooney. Chris Aber (on the right) claims his brother Mark (on the left) mistreated Mickey before his death
He later won an Emmy and was nominated for a Tony.
Among his roles in recent years was a part as a guard in the smash 2006 comedy A Night at the Museum.
In 2011, Mickey testified before Congress about abuse of the elderly, alleging that he was left powerless by a family member who took and misused his money, saying: ‘I felt trapped, scared, used and frustrated,' Rooney told a special Senate committee considering legislation to curb abuses of senior citizens. 'But above all, when a man feels helpless, it's terrible.'
'All I want to do is live a peaceful life, to regain my life and be happy,' Rooney wrote to his fans at the time. 'I pray to God each day to protect us, help us endure and guide those other senior citizens who are also suffering.'
And last October, it was reported that Christopher had conceded he owed the actor $2.8 million for allegedly siphoning off a ton of money from Mickey's financial accounts.
However, Christopher told MailOnline that he did NOT concede to this, and showed us the settlement papers in which it states there is a compromise in which neither party admits any faults or wrong doing.
He said: ‘All the allegations were totally false and Mickey was acting under duress.
'My mother and I were the ones who looked after him for the last forty years. At the end, he was an old man who was taken advantage of by many people, but not me or my mother. If you see him testifying on TV, he was reading from a teleprompter, he didn’t know what he was doing.'
‘I’ve been his producer, assistant for the last 30 years and now I’ve been reduced to working in a grocery store Valley Produce for $100 a week. The court case with Mickey wiped me out, I had to sell everything. No one won. I haven’t got enough money to feed my kids. We can’t even go to the grocery store, we can’t eat out.
Mickey Rooney in 1938 with Spencer Tracey (left) in Boys' Town and in 1945 with Elizabeth Taylor (right) in National Velvet
Fury: Chris Aber and his wife Christine - watching Mickey Rooney testify at a Senate hearing in 2011 - deny they stole $2.8 million from the star
In debt: Chris Aber says he and his family are now living on the breadline and are owned thousands from Mickey Rooney
‘Eating out is Taco Bells for us. We had to beg the school so our kids had free tuition for the year. They could only go to summer camp as the scouts paid for them. I’ve got a mortgage, look at this house, it’s a mess, we’re sleeping in the spare room so my mom can have ours.
‘Why did Mickey believe I was stealing stuff? He’s very easily convinced, anybody could talk Mickey into anything, put him in a room for one hour, he’ll believe any story you tell him and he was 91 years old when all this happened.’
'After our court battle, it was decided that Mickey was to live with Mark and he was going to take care of him with his wife Charlene, and they were getting paid to do that.
‘I was looking after Mickey and my mom for 30 years. We went all over the world, I produced all the shows. In the last few years, I was using my credit card as he ran out of money to pay the bills. He owed me $75,000, but you couldn’t ask Mickey for money – but we weren’t making the same as we were in the heyday.
‘How has it happened like this? I don’t know how. No one can believe it has happened this way. The two people who cared for him all his life get thrown out of the way. We’ve spent 30 years protecting him from people like this, and then it’s our own family who go and do it.’
In happier times: Mickey and Jan in 2007
‘My brother and his wife thought that we were making millions from Mickey, we weren’t, we didn’t have enough to pay the bills. They didn’t know that we were doing all the chores, taking him to the doctor’s. My wife Christine was caring for him 24/7 for not a dime. Just out of the kindness of her heart just to take the load off me.
‘I couldn’t say all this until the settlement agreement was all sorted, now that he’s died, there is no agreement, and so I can talk. We signed it in January.’
Confirming Mickey’s death, Los Angeles Police Commander Andrew Smith said the star was with his family when he died at his North Hollywood home.
Smith said police took a death report but indicated that there was nothing suspicious and it was not a police case. He said he had no additional details on the circumstances of his passing
Christopher said: ‘Mickey was led to feel there was foul play by my brother Mark, which was completely untrue. My mom has been on the TV to say it’s untrue and would it be true if she was living here? Whatever I’ve done with Mickey, it’s been above board, but it’s financially ruined me.
‘I’ve been blamed by attorneys that I’ve had millions stashed away, but I had a million in legal bills. I’ve got nothing. TMZ said I had conceded, but I didn’t. In the court case, it was finalised that we split the money.
‘I admitted no guilt, I’ve got the paperwork to prove it, a settlement agreement. I’m living with my mother and wife Christine and two kids. I’ve been wanting to speak about this, as my name has been dragged through the mud on this, I’ve had to wait for this day, I’ve got the court documents to prove that I’ve done nothing wrong.’
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