Friday, May 27, 2016

Misdiagnosed And Overdosed, Grandmother Rescued From Hospice


Family members often feel powerless and hopeless when they realize that a loved one in hospice care has been put on the pathway to a speedy death. This is a story of one family’s vigilance and timely action, which saved Mrs. Jackie McGiboney’s life. 

“My grandmother has been alive for almost a year since our horrible overdose experience with the hospice,” Carly Walden wrote to the Pro-life Healthcare Alliance (PHA) on February 8, 2016. Carly aims to do everything possible to warn others about the invisible murders happening in many hospices and encourage others to save the lives of their loved ones when faced with similar circumstances.

Events leading to hospice admission

 
On December 12, 2014, Jackie fell at home. She was taken to an emergency room and, after being diagnosed with congestive heart failure and stage-4 chronic kidney disease, Jackie was admitted to a hospital in Covington, Georgia. Upon discharge from the hospital on December 16, she was moved to a nursing home rehabilitation center, where she remained until February 14, 2015. Her family visited her three times a day at the rehab center and noted that the only time a doctor saw Jackie was upon admission. Carly believes “the reason she was sick when she came home is because the medical director never came to see her in the two months she was there.”

On February 23, nine days after Jackie returned home, Carly again called 911 because Jackie was experiencing shortness of breath and very congested coughing spells. After admission to the hospital, she was diagnosed with congestive heart failure exacerbation and possibly some form of dementia.

When Jackie was due to be discharged, she was still sick and more than normally congested, so the family requested another X-ray. Subsequently, they were told she had bilateral pneumonia, for which she was treated until discharge on February 27. She was sent home to complete treatment with antibiotics, and a short-term rehabilitation program was suggested.

Jackie’s primary care physician (PCP) spoke with Carly on March 4, stating that her grandmother was never a candidate for a short-term rehabilitation program because the patient has to have an “achievable” or “attainable” goal, which she did not. According to Carly, the PCP also told her that, if her grandmother were hospitalized again, she would likely die. Thus he suggested that she be placed in hospice care.

The family discussed the seriousness of the doctor’s prediction and took Jackie to visit him on March 5. Carly writes, “We do not know if he reviewed personally any of her medical records from [the hospital]; however, we do know that he did not do any further testing and only examined her with a stethoscope that day. There was no blood work, X-rays, or any testing done. At the conclusion of this visit, Mrs. Jackie M. McGiboney received a prescription that stated, ‘Please initiate Inpatient Hospice Placement,’ with the diagnosis of ‘End Stage Cardiomyopathy, Renal Failure, and Pneumonia.’”

Family assured that the hospice does not “dope them up”

The following day, Jackie’s family contacted a hospice, which sent out a community liaison to educate them about the facility. The family told the liaison they wanted Jackie to “remain on her medications” and “not be overly medicated in any form or fashion.” The liaison responded, “If they need a little something for pain, we will give it to them.” Carly recalls, “At that time my father stated, ‘You all do not just dope them up, correct?’” The liaison assured him the hospice did not do that and that this would be a very short-term stay, with possible follow-up at home.

“During this consultation, my grandmother was alert and fully aware of the conversation and actually had to have a bowel movement,” Carly reports. “She was able to complete this task by herself with the help of her walker. [The liaison] commented that she does very well.

“My grandmother understood that this program would be for rest and comfort, and she would be able to continue all of her medications because they have an in-house pharmacy. Should she require a doctor’s visit, it could also be arranged. My grandmother agreed to the program. She was admitted that night and, as instructed, brought along all her medications.

“Upon arrival, we spoke with Mrs. T at the hospice, and she stated that my grandmother told her to talk to me and my father about all of her medications. Again, we specifically requested that she be retained on all present medications. Mrs. T agreed, but said, should she have pain, they may administer ‘a little morphine.’ That shocked us because my grandmother never takes any pain medication. We questioned this, and Mrs. T, in a very defensive manner, claimed it helps the elderly with breathing. She then said we would be surprised what a few nights [of] good rest could do for a person.”

The family’s questions and mounting concern

After getting Jackie checked in and settled, the family went home that night. The following day they noticed a catheter had been placed in her. They were baffled because she had been using the restroom by herself at home, with no problems. They expressed concern because her urine was a dark tea color. At home, her urine had been yellow. Carly observed, “A [certified nurse’s aide] went into the room with some sort of bottle, shut the door, came back out, and advised them that she did not have a urinary tract infection.”

The family also noticed a change in Jackie’s mental state and behavior. She was slow to speak. Carly states, “We were assured that she was okay, and were told to go home and get some rest and let them do their job.” On the following day, March 8, the family found her so groggy that she dropped her soup spoon into the bowl, and did not finish eating or drinking.

When a nurse came in with a syringe and squirted a clear liquid into Jackie’s mouth, Carly asked what it was for and was told it was for leg pain. At home, Jackie simply sat up when her legs hurt. Carly also noted, “We did not see any walkers or wheel chairs in the facility, and we did not see anyone on a walker or in a wheelchair. Everyone was bed-bound.”

Told that Jackie was being given a mixture of morphine and Ativan, Carly reports, “I asked how she could be given a dose of morphine and Ativan without a physician examining her. The physician would not be there until Monday, March 9. The nurse explained that all she had to do was e-mail their medical director for orders.” The nurse also told them to quit worrying; Jackie was not going to die today. Carly asked how could she tell and recounts that the nurse stated they can predict the time of death within hours. Again, the family was told to go home and let the hospice staff worry about Jackie.

Watchfulness and quick action save Jackie’s life


At home, Carly did some research and found that the mixture of morphine and Ativan can be “a lethal drug cocktail” when given to a patient who is not experiencing severe pain or agitation. The family immediately returned to the hospice, arriving around 10:30 p.m. on March 8.

“We found her in her bed, completely unresponsive to verbal attempts to rouse her and physical slapping of the hands and face,” Carly reports. “For several hours we attempted to wake her. We were not having any success and this was totally out of the ordinary for my grandmother, so we decided to call 911. We thought she had been severely overdosed. The dispatcher sent an ambulance and police officers. We discharged her and had her transported to a hospital in Monroe, Georgia. The paramedic’s summation was that she had been chemically sedated with an unknown amount of morphine.”

After admission to the hospital, the hospitalist stated the patient was lethargic and listless, most likely due to analgesics with opiates and benzodiazepine administered in the hospice. Another physician, Dr. M, discovered Jackie had a severe urinary tract infection. According to Carly, Dr. M also saw an order from the hospice for Ativan and forty milligrams of Roxanol (an unusually large dose of orally administered liquid morphine, particularly for a patient who is not experiencing severe pain) and felt this needed to be investigated, as the hospital has referred patients to this hospice.

Upon receiving further testing and proper medication, Jackie’s chronic kidney disease was upgraded to stage-1, meaning her kidney function had vastly improved. All of her blood tests came back perfectly normal for her age. The family was pleased with the care and diagnostics at the hospital in Monroe. Dr. M also told the family that Jackie was not at the end stage of cardiomyopathy or renal failure, and no longer had pneumonia.

“It is unfathomable to us how a person–with a two-day admission to hospice–can be given lethal doses of Roxanol and Ativan, when the person refuses to take Tylenol on a regular basis!” Carly states. “We feel that she was being euthanized by the hospice.” Carly has submitted a report to the Georgia Composite Medical Board and has asked for an investigation.

Jackie’s son, Mike Walden, a former police captain, adds this piece of advice: “Always get second or third opinions from doctors, preferably pro-life doctors, because misdiagnoses are a large part of this problem.”

Carly concludes, “The night we called 911 from the hospice, the paramedics told us to kiss her good-bye because they were not sure she would make it to the hospital. Off the record, they referred to this hospice as the ‘morphine hotel.’ There is so much that could be added to this story. But, most importantly, I questioned everything the hospice workers were doing.” She adds, “People need to make sure the patient’s healthcare power of attorney agent is always on hand, protecting and advocating for the patient, watching everything!”

The PHA advises interviewing a hospice agency before enrolling (see Informed: A guide for critical medical decisions, p.12). Also, even after admission to a hospice, follow the Walden family’s example: ask questions, remain vigilant, and be prepared to act quickly to save a life. Your loved one’s survival may depend on you.

Full Article & Source:
Misdiagnosed And Overdosed, Grandmother Rescued From Hospice

B.B. King's Estate War: 15 Kids, 15 Moms and a 'Totally Haywire' Fight


When bluesman B.B. King died last year, he bequeathed to the world a body of work spanning six decades that brought joy and comfort to millions. The crooner of "The Thrill Is Gone" and "Sweet Sixteen" transformed American music, inspiring such rockers as Eric Clapton, Willie Nelson and Buddy Guy. King was 89 when he succumbed to congestive heart failure in his Las Vegas home and died peacefully in his sleep on May 14, 2015.

The year since then has been decidedly less peaceful. While neither of King's two marriages resulted in children, he managed to leave behind a vast family: 15 kids from 15 women. If that family history weren't complex enough, King's authorized biographer Charles Sawyer wrote in his book, The Arrival of BB King, that doctors found the musician's sperm count too low to conceive children.

In 2015, Sawyer told The Guardian that he had given King the option to remove the reference and that King declined. Either way, King claimed 15 kids as his own - never disputing his paternity - and of the 11 who survive, many now are fighting with King's appointed trustee over his estate, a fortune that family members tell THR could be worth between $30 million and $40 million when royalties, asset sales and rights are taken into account.

Many of the kids point to a 2007 will and trust that they claim grant them generous allowances. But King's longtime business manager, LaVerne Toney, who is now the legal trustee of King's estate, asserts that she merely is following a 2014 trust, which names the children but doesn't provide for them with specific monetary gifts.

According to the trustee's own legal filings in Nevada, King's estate also is far smaller than the children allege: $5 million and change spread across a few Wells Fargo bank accounts. But the kids have assembled teams of lawyers to fight the estate's guardians. The litigation could continue for years.

While the value of King's estate is the subject of great contention, observers say it hardly is a case like Michael Jackson's estate, which has gone up in value roughly $1 billion since the enigmatic singer's death. In King's case, he wrote few of his hits, sold records for decades to a segregated America and made deals at a time in which black artists were hardly paid handsomely. According to analysis conducted for this story by Billboard, King's publishing and recording assets - including his catalog - are valued at roughly $7 million to $8 million, based on Nielsen Music data and consultation with a financial executive who buys publishing and master recording catalogs.

Full Article & Source:
B.B. King's Estate War: 15 Kids, 15 Moms and a 'Totally Haywire' Fight 

See Also:
BB King: coroner says there is no immediate evidence of poisoning 

Guardianship for Blues Great BB King Rejected

Two Plattsburgh women sentenced in grandparent scheme


PLATTSBURGH — Two Plattsburgh women were recently sentenced in federal court for participating in a scheme to defraud elderly victims.

Naromie Joseph, 29, and Christie Joseph, 25, had pleaded guilty to conspiracy to commit mail fraud for their roles in a grandparent scheme, according to a Department of Justice press release.

People would contact the elderly victims, telling them that their grandchildren and other relatives needed money for bail and other purposes.

Since they believed their loved ones needed help, the victims sent the money to various addresses in Plattsburgh that the Josephs arranged to use for the scam, the release said.

TIME SERVED, RESTITUTION

The Public Access to Court Electronic Records website also lists four counts of mail fraud on their indictment.

Naromie was sentenced Monday to time served — she spent about 13 months in custody awaiting the disposition of her case — and three years of supervised release.

She must also pay $27,200 in restitution to the victims, the release said.

On May 10, Christie was sentenced to four months of weekends in jail, three years of supervised release and payment of restitution. (Continue Reading)

Full Article & Source:
Two Plattsburgh women sentenced in grandparent scheme

Thursday, May 26, 2016

Queens Lawyer Who Spent 30 days in Jail for Raiding Late Judge's Estate Thrown Back in Jail

Frank Racano
A Queens lawyer who spent 30 days in jail under a civil order for digging into the estate of the late Judge John Phillips was thrown back behind bars on Wednesday after Brooklyn prosecutors indicted him for the same crime.

 When the legendary Bedford-Stuyvesant Slave Theater and an adjacent lot sold at auction for $2.2 million in 2012, the executor of the estate Samuel Boykin and Frank Racano were to report to a surrogates court judge where the money would go.

 After several unanswered requests, the judge removed Boykin as the executor and held them both in contempt of court. In March, the Daily News reported, Racano was brought into Brooklyn Civil Supreme Court by city sheriffs where he admitted to selfishly writing over 300 checks to himself from the estate’s escrow account to pay bills.

Judge John L. Phillips
“The money disappeared, the account whittled down to $100 last year May,” said Assistant District Attorney Frank Dutis in court. Racano stole $587,160.56, prosecutors said.

 The judge sentenced Racano to 30 days in jail and gave him a $1,000 fine.

With Racano’s admission in civil court, prosecutors indicted him for one-count of second-degree grand larceny. “We will now hold him accountable for these shameful criminal acts,” said Brooklyn District Attorney Ken Thompson.

 Full Article and Source:
 Queens Lawyer Who Spent 30 Days in Jail for Raiding Late Judge's Estate Thrown Back in Jail

See Also:
Facility Kept Dying Judge Phillips Hostage, Lawsuit Says

Prospect Park Residence Owner to Pay $750,000. in Death of "Kung Fu Judge"

How to Protect Yourself or a Loved One From an Abusive Guardianship

(Editor’s note: This is the final installment of a three-part series on guardianship abuses appearing this week on Next Avenue. Here are Part 1 and Part 2.)

Most of us don’t think we would ever end up in a nursing home against our will. We can’t imagine having our hard-earned savings drained by someone assigned to take care of us. We would never believe that we might someday be kept away from the people we love the most. 

But those are the kinds of nightmares suffered every day by some of the estimated 1 million to 2 million people who have been placed under guardianship or conservatorship in the United States. 

Ordered by a judge, a guardianship or conservatorship is ideally a protection for older adults. But too often, it is a drastic measure often prompted by warring relatives, nursing homes that want to get paid or a “friend” who gains the trust of an older adult in order to take advantage of him or her. It’s based on a legal determination that the person is “incapacitated” and needs someone else to make decisions.
But there are things you can do now to make sure that becoming a victim of guardianship abuse does not happen to you or a loved one.

You clearly don’t want to appoint someone who has had money problems, because that person won’t be able to manage yours.

— Naomi Karp, Consumer Financial Protection Bureau

Plan Ahead

Not only can guardianships and conservatorships be exploitive, the process is public, expensive and time-consuming, said Naomi Karp, senior policy advisor at the Office of Older Americans of the Consumer Financial Protection Bureau in Washington, D.C.
The key to avoiding an abusive guardianship — which is likely to be extremely difficult to escape from if it happens — is to plan ahead.
Karp and other experts advise taking the following steps (you can find a list of resources at the end of this article):
  • Create a durable power of attorney for finances. This is a document in which you name a person to make decisions for you if you cannot. (A regular, or “nondurable” power of attorney ends if you lose mental capacity.) For instance, if you are severely injured in a car accident or incapacitated by a stroke, your “agent” or “attorney-in-fact” will be able to sign financial documents, pay bills and buy things you need.
  • Create a durable power of attorney for medical care. With this document, also referred to as an advance directive, you designate a trusted person to make health care decisions for you if you cannot. The “agent” or “health care proxy” can get access to your medical records, talk to doctors about your condition, make decisions about getting you into a hospital or nursing home and grant or withhold permission for tests and treatments.
  • Think carefully about whom you appoint as your agent. Said Karp: “You want someone who has common sense and good judgment. You clearly don’t want to appoint someone who has had money problems,” because that person won’t be able to manage yours if he or she has a bad history managing finances.
  • Make sure your prospective agent agrees, and give him or her the necessary information to do the job. One excellent resource: a series of guides from the Consumer Financial Protection Bureau on Managing Someone Else’s Money.
  • Build in a safety mechanism. “I like to say, ‘Trust, but verify,’” Karp said. You can require in your financial power of attorney document that the person you appoint provide a periodic accounting with a third person you trust, she said. “It’s another set of eyes,” Karp noted.
  • Revoke the document if you change your mind. If you decide the person you chose is no longer appropriate or cannot serve for some reason, you can revoke the original power of attorney and draft a new one naming a different person.
  • Don’t put it off. Set aside some time for getting these documents filled out, or make an appointment with an attorney. If you plan to have an attorney draft a will, that’s the perfect time to ask him or her to complete the power of attorney forms as well, Karp said.
Karp acknowledged that this is an unpleasant topic. “A lot of people just avoid the planning and avoid discussing it in their families,” she said. But not only does preparing help you protect your interests, it saves your loved ones from confusion, complicated paperwork and heart-wrenching decisions.

Helpful Resources

You can find useful planning information and other resources here:
For information on guardianships and efforts against abuse, check these websites:
If you or a loved one is being abused, call your local adult protective services agency; you can find the appropriate contact for your area at www.eldercare.gov or call 800-677-1116.

This article was written with support from the Journalists in Aging Fellowships, a program of New America Media and the Gerontological Society of America, sponsored by the Retirement Research Foundation.

Full Article & Source:
How to Protect Yourself or a Loved One From an Abusive Guardianship

See Also:
Next Avenue:  Guardianship Laws Are Improving, Problems Persist

Guardianship in the US:  Protection or Exploitation?"

Eagles’ Randy Meisner’s voluntary conservatorship ‘going very nicely’


An attorney for Eagles co-founder Randy Meisner said Wednesday that his client is doing well under a voluntary temporary conservatorship and criticized attempts by a former friend of the musician to have someone else appointed to look after his medical and financial needs.

Lawyer Bruce Fuller told Los Angeles Superior Court Judge William Barry that Meisner’s longtime friend, Arthur Ford, is making sure the 70-year-old bassist receives proper health care and that Meisner’s accountant, Thomas DeLong, is properly overseeing his business affairs.

“They are qualified and things are going very nicely,” Fuller said.

In April, the judge found that Meisner was of sound mind when he agreed to have Ford and DeLong as his temporary conservators.

But the selections of Ford and DeLong drew concerns from James Newton, who has filed a competing petition. Newton has said he often speaks with the musician’s children.

Newton’s lawyer, Troy Martin, states in his court papers that his client prefers that Donna Bogdanovich be appointed to oversee Meisner’s medical needs and his estate.  The lawyer further stated in court papers that Bogdanovich is a former social worker and case manager who specializes in mental health issues.

Barry scheduled a trial on the competing petitions for Aug. 11 and 12.

“I think we need to put it to rest,” Barry said.

Martin told Barry that Newton believes Meisner was not of sound mind when he agreed to the temporary conservatorships. He said Newton is concerned whether the bassist gets proper medical care.

Newton is concerned that unlike Bogdanovich, Ford may not have expertise in dealing with people like Meisner, who has a history of substance issues and mental health problems, according to Martin.

Martin said previously that Meisner’s suicidal thoughts once prompted him to say he wanted to kill people with an AK-47 and then take his own life.

Barry scheduled a July 7 hearing on Martin’s request that a medical examination be performed on Meisner.

Meisner, who has appeared in court for the conservatorship hearings, shook his head in disagreement as he heard Martin speak to the judge.

Meisner’s wife, Lana, suffered a fatal gunshot wound March 6 when she lifted a rifle that accidentally discharged in the couple’s Studio City home, according to police.

Fuller filed a petition on his client’s behalf five days later asking that a conservatorship be established to provide for Meisner’s care, maintenance and support.

Fuller stated in his court papers that his client was “in a profound state of grief” and “barely able to accept the sudden and tragic loss” of his 63-year-old wife.

The Eagles were founded in 1971 by Meisner, the late Glenn Frey, Don Henley and Bernie Leadon. Meisner co-wrote and sang the hit, “Take it to the Limit.”

—City News Service

Full Article & Source:
Eagles’ Randy Meisner’s voluntary conservatorship ‘going very nicely’

See Also:
Randy Meisner's Friend Calls For Conservatorship

Randy Meisner Fights Kids Over Conservatorship Plans

Assisted living home in Livonia shut down by state officials



LIVONIA, Mich. - An assisted living home in Livonia has been shut down by the state due to alleged violations.

All residents at Ashley Court are being ordered to move out as early as 6 p.m. Wednesday. Residents were being evacuated Wednesday afternoon.

According to a statement released by the state, the Michigan Bureau of Fire Services found several repeat violations at the home and the Bureau of Health Care Services found quality of care issues.

The immediate threat that caused the suspension order was due to the Bureau of Fire Services' disapproval of the buildings.

Investigators said there were 13 violations regarding the license, staff had not been properly trained, patients had been injured and there were a total of 20 safety violations.

"We received a call at noon saying that we had to have our relatives out by 6 this evening and that the state was closing the facility. The state Department of Licensing told us that the adult foster care from the state were going to petition for guardianship if we didn't get our parents out within that period, that they were going to petition for guardianship and lock the doors," said Gabe McCann, whose 85-year-old mother lives at the home.

The facility deals mainly with Alzheimer's patients and people suffering from dementia. McCann said he had no notice.

"We're going to have to move to a short-term facility, and then to another facility. That creates setbacks for people who are elderly every time you move them," he said.

The Bureau of Health Care Services is working with Michigan Audlt Protective Services to assist with resident relocation.

Full Article & Source:
Assisted living home in Livonia shut down by state officials

Wednesday, May 25, 2016

Next Avenue: Guardianship Laws are Improving, Problems Persist

(Editor’s note: This is Part 2 of a three-part series on guardianship abuses appearing this week on Next Avenue.
Here are Part 1 and Part 3.)

Cases of abusive guardianships have made headlines for decades. Horrific tales — of relatives fighting over Mom to access her savings, professional guardians draining an estate through exorbitant fees or nursing homes filing for guardianship to keep their beds filled — have been all too common.

When a judge imposes legal guardianship or conservatorship, everything changes.

After a hearing that might last only minutes, the ward or “incapacitated person” may no longer be allowed to decide where to live or whom he or she will see. If a guardian is appointed for you, that person will choose whether you get any spending money. You won’t be able to enter into contracts, including marriage, or demand a different guardian or your freedom back — even if your guardian is abusing you or stealing your money.

Nationwide Reforms

Many such arrangements are undoubtedly necessary and benign. And the ranks of guardians and conservators include some highly dedicated, caring and selfless people.

Yet this Next Avenue investigation has come to a key conclusion: changes are desperately needed.

Yes, lawyers, judges, advocates and politicians have fought hard for reform in the guardianship and conservatorship systems. (Guardianship generally refers to control over a person; conservatorship, to control over a person’s finances.) And dozens of new laws have been put in place throughout the country.

But many experts believe it’s all happening far too slowly — and some of the most finely crafted laws remain mere words on paper.

“Even though we’ve made changes in the statutes, it’s as if we’re living in a virtual reality,” said A. Frank Johns, a Greensboro, N.C. attorney and a national leader in the field of elder law. “When you go out and try to look for the application of those changes, it’s nowhere to be found.”

Landmark Investigation

Experts say there was little widespread recognition or publicity about the problems in guardianships until 1987, when the Associated Press published a blistering six-part series of articles following a year-long investigation.

Then as now, there were no reliable statistics on exactly how many guardianships there are nationwide; the AP estimated 300,000 to 400,000. Today, experts give a range from 1 million to 2 million. States do not keep track of the numbers.

The exposé prompted impassioned calls for reform and led to a host of new state laws.

*Some of the changes since then include these requirements:
*That the would-be “incapacitated person” is notified of the guardianship hearing and be present if desired
*That he or she has the right to an attorney
*That there is “clear and convincing” evidence that the person is incapacitated, and, in some states, that guardianship is necessary to avoid harm
*That (in some states) a medical expert assesses the proposed ward.

Efforts in Michigan

Changes in the laws didn’t always translate to changes in the courtroom, however.

For instance, after the AP series came out, Michigan passed a comprehensive new law. “After the Guardianship Reform Act of 1988, Michigan has probably had the best or among the best statutes in the United States,” said attorney Bradley Geller, who has spent his career in the field, most recently as an assistant long-term care ombudsman for Michigan. However, he added, “that has, over the past 27 years, meant absolutely nothing.”

Geller attended a conference of probate judges when the law took effect. “One probate judge rose and said, ‘Guardianship reform will come to Michigan when all the sitting judges are dead.’ And he was, unfortunately, optimistic, because even with a new generation of probate judges, the problems remain,” Geller said.

Tate Facing Loss of Royalties Following Bankruptcy Dismissal


By Walter F. Roche Jr.

A federal judge has dismissed the bankruptcy case filed by Nashville songwriter Danny Tate and the Nashville attorney who once represented him is moving ahead in a Tennessee court to attach the musician's royalties.

Court records show Tate's bankruptcy was dismissed last week by a Kentucky Bankruptcy judge following a hearing which Tate said he had been told was canceled.

The dismissal cleared the way for attorney Michael G. Hoskins to renew his bid to collect Tate's royalties to pay off legal bills incurred when Tate was trying to get released from a court ordered conservatorship.

Tate said he was not at the Thursday bankruptcy court session because he received a phone call from a federal bankruptcy trustee's office informing him that the May 19 hearing had been postponed until next month.

"Somebody didn't want me at that hearing," Tate said.

Hoskins declined to comment. In an email to Tate this week,  Hoskins said he had thrown in the trash the musician's motions to have sanctions imposed on him in the bankruptcy case.

The brief message left on Tate's voice mail last week, which Tate provided, states that the hearing could not be held Thursday because a staffer would not be able to attend for health reasons.
Tate said he had assumed the message was accurate and legitimate and did not show up for the hearing.

Immediately following the dismissal, Hoskins filed motions in Circuit Court in Nashville, Tenn. to attach Tate's royalties.

Under federal law, the claim had been put on hold when the bankruptcy was filed. According to court filings the royalties ranged from $12,000 to $20,000 per year. A circuit court judge already has denied Tate's challenge to the legality of the royalty attachments.

The actions in Kentucky and Tennessee are but the latest in a series following the granting of an emergency petition in Davidson Probate Court placing Tate in a conservatorship and stripping him of control over his finances, among other things.

Tate hired Hoskins to help him get out of the conservatorship and he was finally released in 2010.

Hoskins billed some $160,000 for his services, an amount Tate has disputed.

Tate's home was put up for auction by court orderto pay part of his conservatorship debt. Hoskins then purchased Tate's home for $120,000. Hoskins and attorney Paul Housch, who also was involved in the conservatorship battle, divvied up the proceeds.

Hoskins has put Tate's former home on the market for $614,900, down from the original asking price of $649,000.

Tate, 60, has had his songs covered by Lynryd Skynyrd, Ricky Springfield, The Oakridge Boys and Tim McGraw. He got his start when he co-wrote Affair of the Heart by Springfield.

Contact:wfrochejr999@gmail.com

Full Article & Source:
Tate Facing Loss of Royalties Following Bankruptcy Dismissal 

See Also:

Auctioning Danny Tate's Home to Pay His Court-Appointed "Protectors"

Pauper v Probate: Order for Sale of Home

Hoskins' Motion for Order of Sale

USA Today: Hoskins Quote Annotated

Jewell Tinnon's Conservatorship Lawsuit Dismissed