The Hidden Dangers of Spousal Neglect: A Cautionary Tale for Seniors Without Advance Directives

Imagine this all-too-common scenario: A devoted spouse, now in their 80s, becomes the sole caregiver for their partner, who is battling dementia and frailty. The caregiver, overwhelmed but determined to honor what they believe are their loved one's wishes, skips medical checkups or neglects basic needs, thinking it's what the ill spouse would have wanted—"no fuss, no hospitals." Tragically, the ill spouse's condition worsens, leading to emaciation, pneumonia, and death. The surviving spouse, acting out of love and assumption, faces criminal charges, not for malice or intent, but for failing to act. This isn't fiction; it's the essence of a landmark 2024 Kansas Supreme Court case, State of Kansas v. Carol Sue Burris (Kan. No. 123,650, March 15, 2024), where a wife was convicted of reckless second-degree murder and mistreatment of a dependent adult for neglecting her husband's care. 

The ruling serves as a sobering reminder for seniors and spouses: without clear advance directives or other legal documents, even well-intentioned inaction can lead to devastating legal consequences. For readers of the Aging in Place Planning and Elder Law Blog, this case highlights the urgency of proactive planning to protect autonomy and prevent such tragedies, especially amid the rising prevalence of elder abuse, which affects up to 5 million seniors annually, according to the National Center on Elder Abuse. Tools like advance directives, supported decision-making (SDM), and powers of attorney can provide the 'cover' needed to navigate caregiving without fear of prosecution. This article unpacks the Kansas case, its emotional and legal ramifications, and actionable steps to shield your marriage and independence.

The Kansas Case: Love, Neglect, and the Legal Duty of Care

Carol Sue Burris, 69 at the time of her 2017 trial, was her husband Michael's sole caregiver as he deteriorated from an array of health issues. Michael, once a robust man, became bedridden, emaciated, and unable to self-care, yet Carol withheld medical intervention.  What if she believed it aligned with his preferences?  In at least one instance, after a hospitalization, and there were three toward the end of Michael's life, Michael actually demanded to return home, amid allegations of her neglect and refusal to provide him with necessary medical care. The hospital honored his request and returned him to his home, and to conditions that had already, in the eyes of experts, threatened his health and safety.   

Neighbors and home health aides raised alarms, but Carol blocked access, leading to an Adult Protective Services investigation. During the third and final hospitalization, Michael's death from pneumonia, compounded by severe malnutrition, prompted charges under Kansas law (K.S.A. 2022 Supp. 21-5417), which criminalizes mistreatment of dependent adults through neglect by those with a "legal or contractual duty" to provide care.  The evidence presented at trial was horrific. Read the decision if you must, understanding that the description of Michael's condition is shocking, traumatizing, and heartbreaking. 

Carol did not testify, but her interview was introduced to the court.  She offered little explanation for her actions and inaction, other than excuses for why she could not do more.  A statement that she could not afford to pay third parties because she needed money for her care painted her as unfeeling, despite the fact that consideration of spousal support is baked into federal law, compromising the Community Spousal Resource Allowance (CSRA) for determining Medicaid eligibility.  It doesn't appear from the court's recitation of facts, however, that the jury was advised that this consideration of support is lawful, even if not morally defensible.  It doesn't appear that Michael's motivations for returning home to such horrific conditions were explored, so one can only speculate whether he, too, was concerned that the cost of his care might harm his wife. 

Before proceeding, know that our framing of the facts of this case is not a reflection of an opinion as to Carol's guilt or innocence.  It reflects an appreciation that, as horrific as they were, and accurately portrayed by a prosecutor and a family horrified over a premature death with needless suffering, the facts might not accurately depict the intentions of the two people most intimately involved.  Another way to consider the case is to assume that you and a spouse made similar decisions or bargains, with similar horrific results, believing that result to be right; would you have foreseen the possibility of criminal conviction?  The issue is whether aging in place, without considering the costs or the legal bases for decisions, might create unanticipated legal peril?  The answer is a resounding 'yes.'    

 

Carol was tried, convicted, and sentenced to 125 months.  

Carol appealed her convictions for reckless second-degree murder and mistreatment, arguing she had no affirmative duty to act, her inaction wasn't criminal, and prosecutors had inflamed the jury with unlawful remarks. The Kansas Supreme Court disagreed in its March 15, 2024, ruling. The court held that Carol's marital relationship, voluntary assumption of caregiving, and role as sole provider created a "clearly defined legal duty" under common law and statute. Failing to summon care or provide necessities wasn't just an oversight; it was a criminal omission, akin to the "termination" of vital support. The prosecutor's comments were deemed fair advocacy, not error. Carol's 10-year sentence was upheld, a stark example of how decisions, unguided and unsupported by documentation, can cross into liability.

This isn't isolated; it's a window into spousal neglect's gray areas. Without directives, caregivers like Carol act on assumptions rather than provable directives. The ruling echoes broader trends: neglect is the most common elder abuse form, often by family, and 1 in 10 seniors faces it, per the National Center on Elder Abuse.

Why This Hits Spouses Hard: The Emotional and Legal Trap

For spouses, caregiving is often a sacred vow, but without "cover" from advance directives, it becomes a minefield. Emotionally, it's devastating: the survivor grapples with guilt, grief, and public scrutiny, as Carol did amid family rifts. Legally, the "duty of care" arises from marriage (common law) and voluntary assumption, turning omission into crime, reckless murder if it foreseeably causes death. No directive means no proof of shared wishes, leaving the caregiver exposed to charges like mistreatment or manslaughter.

In the absence of documents, courts presume a universal duty to summon help, overriding the argument that "he wouldn't have wanted it." This "termination of care" can feel like the fulfillment of a promise, seem to others like betrayal, and be seen by the law as endangerment. For aging couples, it risks the survivor's freedom, assets (via fines or asset forfeiture), and family harmony, potentially triggering guardianship or imprisonment for the accused spouse.

Would the Outcome Be Similar in Missouri and Ohio?

Yes, the result would likely be similar or even harsher in Missouri and Ohio, where spousal duty of care is firmly established in elder abuse statutes, treating neglect as criminal omission by those with a "legal or contractual duty."  

In Missouri (RSMo §565.184), abuse includes "intentionally failing to provide care, goods, or services to an elderly person," with penalties up to class A felonies for causing death. Spousal relationships create this duty, and voluntary caregiving strengthens it. Like Kansas, Missouri courts hold that marriage and assumption of care impose affirmative obligations; failure leading to harm (e.g., pneumonia from neglect) could yield reckless homicide charges, with 10+ year sentences. 

In Ohio (ORC §5101.60-5101.72), neglect is "failure to provide services necessary to avoid physical harm," criminalized under abuse laws with misdemeanor to felony penalties. Spouses have a common-law duty, and voluntary caregiving creates liability; reckless failure causing death mirrors Kansas's second-degree murder. 

In both states, the lack of "cover" from directives would leave the spouse vulnerable, as assumptions don't shield against "duty to act."

Safeguarding Your Marriage: Proactive Steps for Spouses

This case is a call to action: Directives aren't just paperwork, they're your spousal shield. Here's how to protect your partnership:

• Draft Joint Advance Directives: Create a supplemental directive nominating each other as SDM supporters, specifying home care preferences and dementia guidance. Include a "spousal duty clause": "My spouse shall provide or summon care per my wishes, documented here, without liability."

• Use Powers of Attorney and Trusts: Nominate your spouse as primary agent in GDPOAs, with backups. Trusts can fund home care and include anti-guardianship provisions, as in our "SDM-Driven Supplemental Advanced Directive."

• Incorporate SDM for Daily Support: Designate supporters for collaborative caregiving, reducing burnout and providing witness to your wishes, and support for your caregiving spouse and family.

• Plan for Dementia and Neglect: Add clauses like: "In case of incapacity, prioritize home-based care; my spouse's actions per this directive are protected from liability."

• Seek Professional Review: Consult an elder law attorney to ensure enforceability; the costs are $500-2,000, but it saves far more in crises.

For Missouri and Ohio residents, leverage state APS hotlines for guidance, and review our "Handy Link - Reporting Ohio Adult Abuse or Exploitation" for support.

Conclusion: Love Protected by Law

Carol Burris's tragedy, a possible act of devotion twisted into an accusation, reminds us that without directives, even the best intentions lack legal armor. For spouses, it's not about distrust; it's about clarity amid chaos. By documenting wishes, you honor your vows while shielding your partner from unimaginable burdens. While this article has provided a thorough examination of spousal neglect risks and protection strategies, it is by no means comprehensive. The legal landscape evolves rapidly, influenced by state variations and individual circumstances that no single resource can fully capture. Therefore, readers must remain vigilant, consulting reliable sources such as state APS, AARP, and local elder law attorneys, and regularly evaluating their personal situations to identify potential risks. By combining awareness with tools like SDM agreements, POAs, and trusts, seniors and their families can better safeguard independence and thrive while aging in place. 

For ongoing support, consult a professional and stay informed.  Your security depends on proactive engagement.

Nursing Homes Found Guilty in Criminal Understaffing Case= Individual Defendants Acquitted

In a rare case in which a nursing home business faced criminal charges over staffing misconduct, two Pennsylvania facilities owned by Comprehensive Healthcare Management Services were recently found guilty of healthcare fraud and other crimes.

Prosecutors alleged two different schemes to enrich the nursing homes’ operations. In the first, leaders were accused of falsifying payroll documents to make it appear the nursing homes were meeting required staffing levels, including having non-working direct care staff clock in for shifts they never intended to work. In the second, administrators were accused of changing assessments to make it appear patients were clinically depressed or needed more therapy as a means of delaying discharge and driving Medicare or Medicaid reimbursements.  

Both schemes appear to be occasional, if not common, practice of some nursing homes.  The Trump Administration, for example, began demanding payroll records of nursing homes, because CMS found that some nursing homes misrepresented staffing levels on routine reports. Moreover, the financial incentive of these institutions to misrepresent a patient's condition or need for treatment, underlies many of the ongoing battles to ensure better quality of care for patients.  

After five weeks of testimony in the complicated case involving Brighton Rehabilitation and Wellness Center and Mt. Lebanon Rehabilitation and Wellness Center, the jury returned verdicts against the institutions charged. The US Attorney’s Office for the Western District of Pennsylvania also prosecuted five company and facility leaders for their roles in a scheme that led to overbilling; the jury found all five not guilty.

Brighton Rehab itself was found guilty of healthcare fraud and five counts of falsification of records in a federal investigation, while Mt. Lebanon was found guilty of one count of falsification of records related to healthcare matters and three counts of falsification of records in a federal investigation. The nursing home defendants are scheduled to be sentenced in May before US District Judge Robert J. Colville.

According to Kimberly Marselas, reporting for McKnights' Long Term Care News, neither prosecutors nor defense attorneys offered a solid explanation why the jury reserved its convictions for the corporate defendants. US Attorney Eric Olshan, nonetheless, assured told McKnight’s Long-Term Care News that his office would pursue similar cases in the future, if warranted:

“Our legal system entrusts the jury with making determinations of guilt, and as in all cases, we respect the jury’s verdict. Today, the jury held the two corporate defendants criminally liable for a total of 10 counts of making false statements and obstructing CMS’s critically important work of ensuring that nursing facilities comply with the law.  This office and our law enforcement partners will continue to seek accountability for any individual or business that pursues profit through deceit and does so at the expense of vulnerable members of our community.”

Several counts in the indictment carried up to $250,000 in fines, or jail times in the case of individuals. In a press release issued by the US Attorney’s Office , prosecutors said the companies faced a maximum of five years probation, $500,000 in fines, or both, on the counts for which they were convicted.

According to McKnights, 

"Brighton, with 589 beds, is one of the state’s largest nursing homes and was plagued by problems during the pandemic. The facility was hit with at least  $62,000 in fines for infection control deficiencies, and the state later selected a temporary manager to come in and clean up operations. 

The 121-bed Mt. Lebanon facility also has had its share of problems, including a 2-star overall rating and an abuse citation noted on the Care Compare site.

Both facilities are managed by Comprehensive Healthcare Management Services, an entity affiliated with Ephram “Mordy” Lahasky. He has a 10% direct ownership stake in Brighton, while Halper has a 12% ownership stake.

Attorneys for the individual defendants framed the case as one of sloppy record keeping and government malfeasance, rather than intentional fraud, TribLive reported.  The Pittsburgh Tribune-Review reported that attorneys also attacked the credibility of 20 former nursing home employees as each having an axe to grind: some were fired, others quit, and some were offered immunity in exchange for their testimony.

Attorney Kirk Ogrosky represented Sam Halper, Brighton’s CEO and 12% owner and an officer at Mt. Lebanon. Orgosky argued there was no evidence Halper was involved in ordering or completing incorrect staffing records but instead told the jury that a handful of staff members came up with a scheme to cheat the buildings’ corporate owners.

“Throughout this case, all defendants cooperated with the US Department of Justice in every way possible. Yet, DOJ pursued individuals without regard for the truth,” Halper said in a statement shared with TribLive. “Thankfully, the jurors were able to hear the evidence and find that the facts did not support DOJ’s claims.”

Regardless, the case is representative of just how complicated is the challenge to ensure care quality,  and just how difficult it can be for the government, even when properly motivated, to protect the vulnerable by holding third parties responsible.  Individuals and institutions pursuing their own self interest at the expense of senior residents and patients is a common theme in cases like the one reported.  

Of course, the case does not ask or resolve the question of whether a health care system devised and regulated by a government bureaucracy overly concerned with reducing costs at the expense of quality can ever attain a high quality of care for patients.  Aging in Place is a discreet goal of a well-crafted estate plan because a person with family and loved ones can often better control the circumstances of their care at home or at less institutional alternatives.

Three Assisted Living Workers Charged in Death of Resident

Three assisted living facility workers are being prosecuted in the death of 86-year-old, Hazel Place, a resident who suffered from Alzheimer’s disease.  Authorities alleged the three left Ms. Place outside in sweltering weather for six hours.

Jamie Johnston, 30, Jenny Logan, 50, and Letticia Martinez, 27, employees of  Cappella Assisted Living and Memory in Grand Junction, Colorado, were charged with negligent death of an at risk person and criminally negligent homicide, both felonies.  

Johnston and Martinez were also charged with a misdemeanor for allegedly forging patient records, according to court documents describing the charges.

National Weather Service data shows that the high temperature in Grand Junction that day was 102 degrees Fahrenheit (38.9 Celsius).

The court documents detailing the evidence gathered against the workers have been sealed.

Place could walk and did so frequently in a routine that was familiar to caregivers, but was supposed to be checked on every hour because she was at risk of falling, her daughter, Donna Golden, told The Daily Sentinel in Grand Junction.

“What it boils down to, as the caregivers that day and probably on other days, none of them were doing their job. Not a one of them checked her,” she said.

Cappella Assisted Living and Memory said in a statement that it reported the circumstances surrounding Place’s death to regulators and conducted an internal investigation which led to the dismissal of two of the workers. The third worker was placed on “investigatory leave,” the statement said.

“We are very saddened by the passing of this beloved resident, and we continue to send our sincerest sympathy to this resident’s family and friends,” the statement said.

Federal Elder Fraud Hotline Announced

Attorney General Barr announced the launch of a National Elder Fraud Hotline, which will provide services to seniors who may be victims of financial fraud.  The Hotline will be staffed by experienced case managers who can provide personalized support to callers.  Case managers will assist callers with reporting the suspected fraud to relevant agencies and by providing resources and referrals to other appropriate services as needed.  When applicable, case managers will complete a complaint form with the Federal Bureau of Investigation Internet Crime Complaint Center (IC3) for Internet-facilitated crimes and submit a consumer complaint to the Federal Trade Commission on behalf of the caller.  The Hotline’s toll free number is 833-FRAUD-11 (833-372-8311).

For the second year, the Department of Justice and its law enforcement partners also took comprehensive action against the money mule network that facilitates foreign-based elder fraud. Generally, perpetrators use a “money mule” to transfer fraud proceeds from a victim to ringleaders of fraud schemes who often reside in other countries. Some of these money mules act unwittingly, and intervention can effectively end their involvement in the fraud. The FBI and the Postal Inspection Service took action against over 600 alleged money mules nationwide by conducting interviews, issuing warning letters, and bringing civil and criminal cases. Agents and prosecutors in more than 85 federal district participated in this effort to halt the money flow from victim to fraudster. These actions against money mules were in addition to the criminal and civil cases announced as part of this year’s elder fraud sweep.

Justice Department Announces Elder Fraud Sweep

On March 7, 2019, the U.S. Department of Justice ("DOJ") announced the largest U.S. elder fraud sweep in a detailed press release entitled, Justice Department Coordinates Largest-Ever Nationwide Elder Fraud Sweep. A related press release from the U.S. Attorney General, entitled, Attorney General Focuses on Threats Posed by Technical-Support Fraud offers a look at the staggering extent of elder fraud:

The cases during this sweep involved more than 260 defendants from around the globe who victimized more than two million Americans, most of them elderly.  DOJ took action in every federal district across the country, through the filing of criminal or civil cases or through consumer education efforts. In each case, offenders allegedly engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused alleged losses of millions of more dollars than last year, putting the total alleged losses at this year’s sweep at over three fourths of one billion dollars.

If you are interested, you can review the state-by-state results of the sweep, here.   The sweep included cases filed against perpetrators of tech support fraud, mass mailing fraud, and  money mules. Although there were no cases filed in Ohio or Illinois, there were cases file in the State of Missouri.  There are  consumer education efforts dedicated to both Ohio and Illinois:

[DOJ] and its law enforcement partners focused the sweep’s public education campaign on technical-support fraud, given the widespread harm such schemes are causing. The FTC and State Attorneys General had an important role in designing and disseminating messaging material intended to warn consumers and businesses.

Public education outreach is being conducted by various state and federal agencies, including Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans. Information on Senior Corps’ efforts to reduce elder fraud can be found here.

Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.

Criminals Steal $37 Billion Every Year from the Elderly-- Here's How

Elder fraud is an immense, complicated, and imposing problem, with implications for every aspect of a person's estate, financial, health care, and long term care plan. Effective aging in place planning and post retirement financial planning must include consideration of these risks. It is tragic that criminals take billions from the elderly using telecommunications and the internet, both tools necessary for communication. 

There is an excellent Bloomberg article describing how criminals prey upon the elderly, which article you can find here.  

See the firm's Facebook post here. 

Hospice Owner Accused of Instructing Nurses to Kill Patients by Overdose

McKnight's reports that the owner of a Texas hospice company has come under fire for allegedly encouraging employees to overdose patients and hasten their death in order to avoid the federal reimbursement cap for hospice stays.

Brad Harris, 34, owner of Novus Health Care Services Inc., allegedly told a nurse to overdose three patients on drugs such as morphine, and instructed another employee to give a patient four times the maximum dose allowed, according to an FBI affidavit obtained by a Dallas television station. In another instance, Harris texted an employee of the Frisco, TX-based company “you need to make this patient go bye-bye.”

The FBI affidavit was written in February, but not publicly released until this week. No charges have been filed against Harris or Novus as of press time, and Harris remains free. The FBI declined to comment on the investigation, the Dallas Morning News reported.

The affidavit also accuses Harris of telling other healthcare executives that he sought out “patients who would die within 24 hours,” and of making comments like “if this f— would just die.” While at least one employee refused to comply with Harris' instructions, it's unclear if any patients were harmed.

The FBI's affidavit says Harris was motivated to find patients whose hospice stays were forecasted to be short, or even speed up patients' deaths, in order to skirt the payment caps placed on hospice care by Medicare and Medicaid.

Another employee said Harris would frequently decide which patients would be moved to and from home care, despite not being medically certified; Harris is an accountant by trade. Harris would have employees sign transfer papers with the names of doctors employed by the company, according to the affidavit.

"If a patient was on hospice care for too long, Harris would direct the patient be moved back to home health, irrespective of whether the patient needed continued hospice care,” the affidavit reads.

Horrific. 

Columbus Dispatch Exposes Abuse and Exploitation of the Disabled

The Columbus Dispatch, in a series of articles culminating in last Sunday's article “Abused and Ignored,” detailed heartbreaking examples of young people being abused and prostituted by family members, and contained shocking statistics about the prevalence of abuse and crime among people with developmental disabilities. Among them:

• About 70 percent of developmentally disabled people report being physically and sexually assaulted, neglected or abused; about 90 percent of them reported multiple occurrences. Yet fewer than 40 percent of people reported this abuse to authorities, and those who did saw an arrest rate of less than 10 percent.

• Disabled people nationwide are three times as likely to be raped or sexually assaulted as the general population, with younger people and those with several cognitive disabilities at highest risk. An Ohio reporting system for the developmentally disabled received more than 2,000 reports of sexual abused from 2009 to 2014, but less than 1 in 4 of those cases was substantiated.

Fortunately, the paper discovered that Ohio has among the best reporting systems protecting the disabled, and prosecution success is common.

"Contrast these statistics to those in Summit County," the article reads. "Under Deputy Sheriff Joe Storad, the county tripled the number of police investigations involving disabled victims in the past two years. While the overall numbers are relatively small, it has achieved a 100 percent success rate for prosecutions: 31 out of 31 cases.  In neighboring Stark County, Deputy Sheriff Rocco Ross also pushes for vigorous prosecution of crimes against the disabled.  In just the past nine months, Ross says he has seen 560 potential criminal cases of this type, about half of which will be investigated for potential prosecution.  Ross told The Dispatch that it was a “very eye-opening experience” when he first became involved with investigating these cases. “I had no clue there were this many incidents against disabled individuals,” he said.

To read the Dispatch article, go here.

To read about a national reporting website for abuse against the disabled, go here. 

To read about the results of the reportage, go here.

First National Website Aims to Reduce Abuse of People with Disabilities

The Vera Institute of Justice has launched the first national website aimed at curbing abuse of people with disabilities.

The Vera Institute said people with disabilities are "victimized at alarming rates," and are three times more likely than the average population to experience sexual and violent assaults.

The website was developed by Vera’s Center on Victimization and Safety with funding from the U.S. Department of Justice’s Office of Violence Against Women. It offers an interactive map of people, programs, and projects nationwide.

“For many people with disabilities, their needs aren’t being met when they reach out for help, or their requests are met with skepticism, dismissed, or outright ignored,” said Reynoldsburg resident Nancy Smith, head of the victimization center. “Others may not understand what happened to them or be able to put a name to the pain and abuse they have survived. This website aims to ensure that survivors’ experiences are acknowledged and respected, and their needs are attended to.”

To read the Press Release accompanying the announcement, go here.  

Elder Justice Website Aids Reporting Elder Abuse and Financial Exploitation

The United States Department of Justice has launched the Elder Justice Website, as part of the Elder Justice Initiative designed to provide a coordinated federal response by emphasizing various public health and social service approaches to the prevention, detection, and treatment of elder abuse. Victims and family members will find information about how to report elder abuse and financial exploitation in all 50 states and territories by simply entering a zipcode.

The Elder Justice Act represents Congress’s first attempt at comprehensive legislation to address abuse, neglect, and exploitation of the elderly at the federal level. 

On the Elder Justice Website, individuals will find information about how to go about reporting elder abuse and financial exploitation.  The website is intended to serve as a “dynamic resource” and will be updated to reflect any changes in the law and current news in the elder justice field.

CNA's Face Prison for Stealing Nursing Home Residents' Identities and Defrauding Government

Three former nursing home aides face prison time for stealing residents' identities and conning the government. The Georgia women obtained residents' personal identification information from the nursing home where they worked as certified nursing assistants, and they used the information to file fraudulent tax returns, according to court papers and evidence introduced at trial. The DOJ did not name the facility where the women worked.

One of the defendants, Kimberly Banks, was convicted after a one-week trial in January. She received a 192-month prison sentence on Thursday, announced Assistant Attorney General Kathryn Keneally of the Justice Department's Tax Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.

The other two defendants, Donalene Mosely and Arneshia Austin, entered guilty pleas to conspiracy prior to trial, according to the prosecutors. They received 37-month and 21-month prison sentences, respectively. The three former CNAs also have been ordered to pay about $275,000 in restitution.

Of course, repayment may not be forthcpming. The women used refunds from the fraudulent returns to make car and mortgage payments, buy products online, and throw a “red carpet party,” the Department of Justice stated in a news release. They raised more than $600,000 by filing nearly 200 false returns.

This is the second nursing home identification theft case to come out of Georgia recently. In January, Yolando Blount received a 27-year prison sentence for her role in a similar but unrelated scheme.