New Hampshire Bar Association
About the Bar
For Members
For the Public
Legal Links
Publications
Newsroom
Online Store
Vendor Directory
NH Bar Foundation
Judicial Branch
NHMCLE

Set Your Business Apart - Advertise with NH Bar News!

Visit the NH Bar Association's Lawyer Referral Service (LRS) website for information about how our trained staff can help you find an attorney who is right for you.
New Hampshire Bar Association
Lawyer Referral Service Law Related Education NHBA CLE NHBA Insurance Agency
MyNHBar
Member Login
Member Portal
Casemaker

Bar News - February 23, 2007


Folden Felony Conviction First Under 2002 Neglect Law

           

In the state’s first conviction under RSA 631:8 (Criminal Neglect of an Elderly, Disabled or Impaired Adult), a 2002 statute, a woman was sentenced to serve one year in the House of Corrections and placed on probation for a period of two years.

           

RSA 631:8 states that a caregiver who purposely or recklessly causes serious bodily injury to an elderly, disabled or impaired adult by neglect shall be guilty of a felony.

           

In January of 2005, Danna Folden of Goffstown called 911 to report that her 91-year-old mother Mary was having trouble breathing. Upon their arrival at the home, which Folden shared with her mother, rescue personnel found Mary Folden unconscious and lying in excrement. When she arrived at the hospital, her body temperature was 94 degrees; she weighed 78 lbs.; and she had a significant infection from an open wound on her lower back—measuring three-by-seven inches and an inch deep—which contained rotting flesh.

           

Mary Folden died within four hours of being admitted. An autopsy revealed that the cause of the woman’s death was suppurative leptomeningitis, which entered her body through the wound in her back, traveled up her spine and into her brain.

           

Assistant Attorney General Tracy Culberson said that Danna Folden was responsible for all of her mother’s daily needs and “as Mary’s sole caregiver…had certain responsibilities that she failed to meet and as a result her mother died from a condition that was preventable and treatable….” The state was prepared to present testimony that antibiotics could have cured the meningitis if it had been treated promptly.

           

Folden pled guilty to the negligence charge. In addition to her incarceration, she must also complete counseling and treatment recommended by the Dept. of Probation and Parole, take a tour of the NH State Prison and perform 200 hours of community service. She is forbidden from working or serving in any capacity as a caregiver for any elderly, disabled or impaired adult for 10 years, after which she can petition the court for a modification.

 

 

If you are in doubt about the status of any meeting, please call the Bar Center at 603-224-6942 before you head out.

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
email: NHBAinfo@nhbar.org
© NH Bar Association Disclaimer