Thursday, October 21, 2010

Confined in a Nursing Home Against Her Will, Isolated From Daughter and Grandson

My mother, Margaret (Margo) Freebairn, is one of an untold number of Americans who has been drugged and kidnapped from her home, and confined in a nursing home against her will. Her bank account has been drained by geriatric care counselors, attorneys, judges, court-appointed guardians, conservators, nursing homes and nursing home doctors. In May 2010, her home and all of her earthly possessions were sold. All the while, Margo has pleaded to be reunited with her family and to return home.

Margo is 87, and as she would be the first person to tell you, she does have a poor memory. She was attending classes in art, history, politics, and philosophy at Washington University in St. Louis when she became concerned about her memory deficits. She began attending cognitive aging seminars, enrolled herself in two memory and aging studies, and invited her two daughters and a number of her nieces to become informed participants in her aging process. This was to be an open and constructive exchange of information and ideas. At this point a corrupt and predatory system, aided and abetted by a few of her family members, began moving behind the scenes in a series of covert activities to derail her life, devour her resources, and bar her from contact with anyone who has any objections to this, I am very afraid, for the rest of her life.

I am her daughter, Mollie Freebairn, her chosen Health Care and Durable Power of Attorney, who has not been allowed to see or speak with my mother for the last nine months. I have managed to get calls though to her on three occasions; the last time was May 9, 2010, Mother's Day. Margo related to me in desperate tones of her deep unhappiness at being confined at the nursing home, and her dearest wish to go home. She pleaded with me to call her more often, and to please visit her, which compelled me to explain to her that there is nothing I long for more, but I would be arrested for attempting to visit my mother. Her guardians claim that I am the cause for my mother’s unhappiness at being confined in a nursing home, and that she is happy when barred from seeing me. They do not allow her to have contact with most of her other family and friends either, for some reason. Among the most disturbing aspects of this situation is the fact that no one who is not personally profiting from controlling my mother’s life, is allowed to see her or ascertain how she really is!

As decreed at the hearing on February 5, 2010, Margo’s guardianship is held jointly by two of her nieces.

Margo named me as her sole Power of Attorney in 2009. This fact was dismissed without acknowledgement at the February 5, 2010 hearing, which lasted only a few minutes, and where little of substance was discussed. Commissioner Patrick Connaghan threatened to appoint a stranger as Margo’s guardian if I did not agree to his appointment of my two cousins. I therefore agreed, also in view of the fact that my sister and the guardians agreed to try allowing Margo to return home with the 24 hour a day affordable, loving, in-home caregivers.

Despite their own assertions that Mom would be happiest at home, and the Missouri law that the guardian must allow the protectee to live in the least restrictive environment, both guardians, Diane Smith, and my sister have since simply refused to meet with the caregivers or allow Margo to try returning to her home. They have refused to allow me or my son to visit or call my mother.

Anyone In America Can Fall Prey To Guardian Abuse

Most people do not realize, as I have only through this ordeal discovered, that anyone can petition the court for guardianship or conservatorship of an elderly or disabled person, which can lead to the complete and permanent loss of their freedom, possessions, and rights. The point of no return in today’s corrupt legal system is when the petition for guardianship is submitted. In Missouri Law for example, Chapter 475.060 states:

“Any person may file a petition for the appointment of himself or some other qualified person as guardian of a minor or guardian of an incapacitated person..."

At this point, the court assumes total control over the person’s estate, living arrangements, and medical care. All costs incurred by the court-appointed attorney, guardian, conservator, geriatric care manager, and nursing home are charged against the person’s estate. This can swiftly drain their life savings and lead to the necessity to sell the person’s home and all of their belongings. Family members trying to free their loved one and save their home are on their own to cover the attorney fees. My experience is that it is almost impossible to find an elder law attorney who is not part of the corrupt system. Attorneys practicing elder law converse freely with the judges and opposing attorneys, and sabotage their client and their efforts to free their loved one at every turn. Twice I have been abandoned and/or betrayed by my previous attorneys. Under these circumstances both the Commissioner and opposing attorneys refused to communicate with me pro se in any manner.

My request to you is to please help to call attention to and bring an end to this predatory abuse of untold numbers of elders and disabled persons rights, before they consume any more of our beloved ones.

Thank you,
Mollie Freebairn

Source:
NASGA - Margo Freebairn, Missouri Victim

14 comments:

Holly said...

Sounds like Margo was doing many things to help herself by attending classes, etc. then along come a group of parasites using drugs to further her Margo's memory problems and cause new drug related health problems.
Mollie, keep up the fight for your mom. At the end of the day you know with a clear conscience that you did right!
You are in my thought and prayers.

StandUp said...

Knowing your loved one is being drugged and there's nothing you can do about it is pure agony.

I am so sorry, Mollie.

Norma said...

You are a good daughter and nothing can change that.

I know your heart aches for your Mom and I hope you are successful in getting her back.

Donna said...

Guardians who isolate their wards should be immediately removed and charged with elder abuse!

Steve said...

And they won't even let the grandson see his grandmother?

One cannot imagine how awful that must make Margo feel. How very cruel.

Larry said...

I will pray your relatives wake up and do the right thing for Margo, Mollie.

Never give up!

iz said...

MY children have not seen my father( ages 7, 4 and now 2) since 2007. I am sorry for your loss and not being able to see your mom face to face. I pray God's grace for you and your family and that He shows you what the next right thing to do is. I also hope and pray that one who loves your mom gets to spend quality time with her, no matter how little.

Anonymous said...

John CaravellaG.R.A.D.E. (Guardianship Reform Advocates for the Disabled & Elderly): U.S. Rep. Louie Gohmert (TX) possesses a proposed federal Model Law submitted recently to his Subcommittee as the "Adele Chris Act" for review on its merits for national legislation. This Model Law is designed to bring fraudulent guardianships under unified control rather than fragmented by 50 states. Please see the proposed "Adele Chris Act" and how to support it at www.MarkedForDestruction.com, and read Adele's story for free.

Finny said...

All Margo wants is to go home. Is that asking too much? Apparently so. Apparently this isn't about Margo and what she wants.

It's so sad to see innocent and helpless people treated so poorly.

It doesn't matter who in the family is arguing her. What matters is that Margo should be able to see everyone of her children and grandchildren.

SHAME on the guardians here.

Anonymous said...

I'm sorry you're going through this. Never give up is right!

I'm probably never going to sleep at night until I see justice served.....

www.probatesharks.com

Anonymous said...

The fact that a judge in a judicial proceeding would ignore a power of attorney (assuming it's durable) without convening a full-blown due process hearing to determine its validity, is, in my opinio, more than ample grounds for removal from the bench.

Thelma said...

The fact that a judge in a judicial proceeding would ignore a power of attorney (assuming it was durable)without convening a full-blown due process hearing is, in my opinion, more than ample grounds for removal from the bench.

Maritza Torrent-Viola said...

Reading this "story" is as if I had written it myself... it is not only heart breaking, the frustration of knowing that one is NOT protected by any laws as long as someone does not investigate these cases and make the Judges reponsible for their actions. My case is still under the jurisdiction of the Administrative judge Maria M. Korvick at the Miami-Dade County Guardianship Circut Court. With the exception that AFTER MY MOTHER's HOME and belongings her used with the Judge's ORDER to pay EVERYONE SHE APPOINTED, BUT AFTER THAT, I WAS APPOINTED GUARDIAN,..(WHAT IS WRONG WITH THIS PICTURE???)everything else,is the same.My advice? DO NOT COME TO THE STATE OF FLORIDA... YOU AND YOUR LIFE SAVINGS ARE AT RISK!!!

Anonymous said...

Having read all of these, and knowing Mollie Freebairn personally, and as a client, all of this just amazes me, especially in the supposedly open and "innocent till proven otherwise" society we supposedly live in--though that is also currently under dire threat. But, Mollie should have had full access and should have been consulted, with her Durable PofA, at every step. I find all of this so frustrating and infuriating, especially in the US--I could imagine this in many other countries. Guess I have been way to naïve. bob almony