83-year-old at center of two-state guardianship battle can stay in Colorado — and may not have to return to Dallas

A judge declined to hold Peggy Hill’s son and daughter-in-law in contempt but found they had significantly interfered with her guardianship. 

Author: Tanya Eiserer 

DALLAS — Peggy Hill will get to stay in Colorado — at least until further notice.

A Dallas County probate judge issued an order Wednesday allowing the 83-year-old retired real estate agent to remain in Colorado to undergo brain surgery next month and recuperate there afterward. Hill, who has dementia, is under a court-ordered guardianship. She repeatedly refused court orders to return to Dallas from Fort Collins, Co., where she has been living with her youngest son, Rucker Hill, his wife, Rebecca, and their three young sons.

Under a court-approved settlement among Peggy Hill’s four adult children, she was to spend six months of the year in Colorado and the other six months at a Dallas assisted living facility. Peggy has been in Colorado since October and repeatedly refused efforts to return her to Dallas.

WFAA aired a story Monday night detailing Peggy’s fight to remain in Colorado. "I get up in the morning and think I've already died and gone to heaven living here," Hill said in that interview. She also said that the only way she would return to Dallas was in a “pine box.” On Tuesday, WFAA filed this report on the hearing to determine next steps in Peggy's case.

In a series of rulings following that hearing, Judge Julia Malveaux stayed enforcement of her prior orders that would have required Hill to return to Dallas.

“Ms. Hill is pleased with the Judge’s ruling and appreciates her careful consideration of all the evidence and Ms. Hill’s expressed preferences in accordance with the Ward’s Bill of Rights,” Brian Hill, an attorney representing Peggy Hill wrote in a statement. “Ms. Hill looks forward to remaining in Colorado for the foreseeable future.”

A second order indicates Peggy Hill may ultimately be allowed to stay in Colorado permanently. The judge wrote that pending additional orders from the court regarding transfer of the guardianship to Colorado and acceptance by a Colorado court, Hill “shall be authorized to remain in Colorado.”

The orders came a day after Rucker and Rebecca Hill were forced to testify about whether they had violated the court’s order to get Peggy back to Dallas. The hearing stretched for more than three hours, and the couple faced the possibility of being held in contempt of court.

“The actions of the Colorado family members do not rise to the level of contempt,” Probate Judge Julia Malveau wrote in the order.

But the judge also concluded Rucker and Rebecca Hill had engaged in “significant interference” with the guardianship, including disclosing Peggy’s private health and personal information.

The judge found that the Colorado family members:

• Failed to cooperate fully with the guardian and guardian ad litem.
• Failed to provide care managers reasonable access to Peggy.
• Enabled Peggy’s living situation to become public even though, according to the court, she lacked the legal capacity to consent.
• “Likely” failed to follow instructions from Peggy’s medical providers.

The order requires the Colorado family members to get advance written approval from Peggy’s attorney ad litem (which is akin to a defense attorney and is appointed by the court to represent what the person under guardianship wants), guardian ad litem (who is court-appointed and is supposed to represent what’s in the best interest of the person under guardianship) and guardian before providing any of her health, financial or personal information to a news, internet or other media outlet.

“They shall not engage in any act or omission that might reasonable be interpreted as interference with Ward’s guardianship, protection and safety,” the judge wrote.

The judge also ordered that Peggy receive examinations and treatments recommended by her medical providers. The order prohibits the family from interfering with the guardian’s access to medical providers or Peggy’s medical and health information.

Rebecca and Rucker Hill have previously said they did everything they could to get Peggy to return. They also denied in court testimony interfering with her care.

The judge’s order applies to all family members, not just Rucker and Rebecca Hill.

Brian Hill, the attorney representing Peggy, also has asked the court to direct the bank managing Peggy’s finances to end lease at an assisted living facility, which has been costing her estate $6,000 a month. The motion asks that her “personal effects” be sent to her in Colorado.

In a separate motion, he asked that the court approve transferring her guardianship to Colorado. 

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83-year-old at center of two-state guardianship battle can stay in Colorado — and may not have to return to Dallas