Thursday, October 15, 2009

Ward Isolated From Daughter

An Indiana woman contesting a local elder advocate’s guardianship of her father said in court Tuesday she should be permitted to visit him because she is his “solace and comfort.”

Beverly R. Newman, of Indianapolis, asked Circuit Judge Paul E. Logan to allow her to care for her father, 89-year-old Al Katz, until an Oct. 26 hearing to determine permanent guardianship. Failing that, she asked for the right to visit him at least three hours per day.

“The state of Florida is supposed to try and keep families together, not split them apart,” Newman told the judge.

Newman has been allowed no contact with Katz since Sept. 24, when he was placed in the psychiatric ward at Manatee Memorial Hospital by doctors and Aging Safely, the local public guardian, according to a motion filed by Newman.

Newman and her husband, Lawrence T. Newman, have filed a motion to vacate Aging Safely’s emergency guardianship of Katz, awarded Sept. 18 by Judge Janette Dunnigan, because Beverly Newman was not listed as next of kin on court documents nor informed of the emergency guardianship hearing.

Erika Dine, Aging Safely’s attorney, told Logan that Katz’s health care surrogate, Jackie Steuerwald, of Indiana, is opposed to Newman visiting Katz. And Aging Safely representative Ashley Butler testified that Katz told her he did not want to see his daughter.

Logan continued the hearing until 1:30 p.m. today. After the hearing, the two sides met in hopes of coming to a visitation agreement to submit to the judge. But Newman rejected Dine’s proposal of a one-hour, three-day-per-week visitation agreement and insisted on daily access to her father.

Full Article and Source:
Daughter Seeks Visitation Before Father's Guardianship Hearing

See Also:
Indiana Family Challenging Father's Guardianship


Betty said...

Not letting Beverly R. Newman visit her father is wrong -- it's just plain wrong.

She shouldn't have to stand there and defend herself - she's the daughter for crying out loud.

SHAME on Aging Safely. And shame on the judge. This should have been dispensed with right away instead of being let drag on and on --- the only persons benefiting here are the lawyers!

Sue said...

"And Aging Safely representative Ashley Butler testified that Katz told her he did not want to see his daughter."

I would certainly demand to have more proof and evidence of this statement, video or tape recording or something a bit more trustworthy than someone's selective memory.

But first, I would DEMAND a list of the medications Mr. Katz was being administered.

I understand the Newmans's did not receive a notice of the emergency hearing for temporary guardianship.

Now, isn't that a dandy sneak attack? I think so and just on that sneaky fact alone the temporary guardianship shoud be VOID / VACTATED post haste.

I have to wonder and I will say what everybody is thinking: What is the net worth of Mr. Katz's estate?

Anonymous said...

The proceedings should be vacated now -- Beverly Newman was not served with notice of the hearing.

Was Mr. Katz served? I bet not.

When agencies get in a mack truck and roll over people, they must be stopped.

The judge should stop this charade now.

Anonymous said...

Is it in Ashley Butler's best interest to say that Katz didn't want to see his daughter?

Yes. Aging Safely is wanting to hold on to him. It's to their advantage to assassinate Beverly R. Newman's character.

It's standard bad guardian procedure.

Anonymous said...

Aging Safely?

Well, that's a name! How can anyone age safely with predators circling about them waiting to throw them into guardianship -- and then holding on for dear life?

Gene said...

Who is paying for Aging Safely to defend their actions in regard to this guardianship? You can bet they're charging Mr. Katz dearly.

Because Beverly R. Newman was sidestepped in the inception of this guardianship, the guardianship should be vacated and all monies paid to Aging Safely should be returned to Mr. Katz.

Anonymous said...

Mr. Katz didn't want to see his daughter?

Hmmmm, why would that be? Could they be telling him that his daughter is bad or is after his money?

Could he be under the influence of new "medication"?

Or did he even say it? I bet he didn't.

Anonymous said...

Beverly Newman is the daughter.

Let her have her dad back, Judge Logan.

StandUp said...

Think of the money this is costing. The Newmans are from Indiana and have to fight this battle in Florida.

Oh, I bet the lawyers are loving this!

Mike said...

Guardians who isolate are nothing more than COWARDS!

jerri said...

the nerve of these people addicted to power control and other peoples money how is it that the daughter Beverly Newman has to ask a judge if she could visit her own father? this is like a bad dream its wrong and outrageous and if Al Katz were my father i would be visiting with him if it meant they threw me in jail to hell with these people who are running and ruining our lives wake up america this could be your story don't believe it you better because this is so out of control i could sit down and cry i wouldn't believe anybody connected to the hospital or aging safely they will say whatever it takes to get the guardianship and they already got that temporary guardianship in an illegal way i want to know what medication Al Katz was forced to take hmmmm anyone thought about that? show me the list of meds oh i am just steaming mad

Thelma said...

This is pretty sick stuff. No notice of hearing and then no visitation?

Anonymous said...

How can the courts/attorney/guardian even look at themselves in the mirror? How can they have such a lack of compassion for the person with dementia and their loved ones? They smell of evil intentions. It always gets back to the money - which THEY want.

Anonymous said...

I've known Mr. Katz and his daughter for years. I 100% believe he does not want to be under his daughters' care. That she cared for him years ago and he threw her out because she constantly threatened him. She then sued him in indiana and lost.

It is quite sad but the state is the best party to look after mr. katz!

Rebuttal said...

Last Anonymous,

I suggest you read NASGA's website - a ward of the state is stripped of all rights and liberties and subject to exploitation. Is that what you want for Mr. Katz? I doubt it.

Families quarrel. There's nothing wrong with that. It's human.

AND, remember, this case began with a specific effort to go around Beverly Newman. That's against the law and must not stand.