Saturday, March 20, 2010

Elder Exploitation Charges Dropped; Heartache Continues

A judge dismissed charges of elder exploitation against Mary Byrd of Salisbury last month, but she says her heartache is far from over.

At issue: Does she have any right to see former housemate Horace Billings and live in his house, or should she accept his son's intention to cut all ties?

"This here has just about got me," says Mary. She wants to care for Horace and "give him some quality of life again," she says.

His son and only child, Bill Billings of Charlotte, sees the situation very differently.

"I'm just trying to protect my father," Bill says.

Mary thought she had a companion — and a home — for life.

Horace said as much, according to his brother, C.G. Billings of Winston-Salem. He recalls Horace introducing him to Mary about 10 years ago. Horace said Mary was going to take care of him and he was going to take care of her, C.G. says — and that if all that worked out, he wanted her to have his house.

But Horace's plan unraveled after he suffered a stroke last May.

"He was in the bedroom and I was in the hall," Mary says. She heard him fall. She got him into the car and took him to Rowan Regional Medical Center.

She called Bill, "because I thought that's what I should do," she says.

"He's my dad," Bill said. "I'm going to take care of him. He is very well cared for. He is in an excellent situation."

Mary took leave from Food Lion to care for Horace, staying by his side much of the time he was in the hospital and later when he moved to a nursing home.

The stroke affected Horace's left arm, and he cannot write. At his suggestion, Mary says, she signed his name to several checks to pay bills, have her car fixed, buy a television, get the yard mowed, pay taxes and, as a doctor suggested, make the bathroom in his house handicapped accessible so he could go home.

Bill decided to place his father in a Charlotte nursing home. With a series of shaky X's on a document, Horace had given his son power of attorney — complete say over his medical and business affairs.

"Bill called me the day before and said, 'We're going to take him to Charlotte,' " Mary says. "He told me to get his papers and clothes together."

Mary left the house so she would not be there when Bill came by. And she went to the nursing home and watched from afar as Horace was helped into a car and driven away.

"And he was gone."

Bill told Mary she would have to move out. He put Horace's house up for sale and sold the car and furniture.

And, after he looked through his father's papers, Bill and his wife, Lesley, had Mary charged with exploitation of the elderly for writing $9,900 worth checks on Horace's account over several months.

With David Bingham as her attorney, Mary went to court on Feb. 3 with Horace's siblings and some friends there for support.

When Bill testified, he had to reveal where his father was — Brighton Gardens in Charlotte.

Mary went to visit Horace almost immediately after the hearing. When she was asked at the home if she was a relative, she said yes and gave a false name — Emily Billings.

Horace appeared to be asleep when she walked into his room.

According to Mary, he opened his eyes and said, "There's my sweetheart."

Within minutes, security guards escorted Mary out of the building. Bill has left instructions that no one is to see his father unless he is present or gives his approval, not even Horace's siblings.

Mary has gotten in to see Horace briefly one or two times more, against Bill's wishes. And she says she's not giving up.

She's been cleared of the charges brought against her, but she has not gotten her old life back.

Full Article and Source
Charges Dropped; Heartache Continues

9 comments:

Lou said...

Unless I've missed something here I can completely understand the "Heartache". WHY would Bill Billings want to do that to his father? 10 yrs. with Mary and she has not exploited him... maybe they are in love, period!
Bill Billings sounds like a corrupt guardians that many are faced with in this country. The elderly left isolated, alone and encouraged to die. Shame on you Bill Billings.

Mae Eliz said...

This situation is very similiar to mine. Fortunately I had my own home for my business, or I would have been thown out of my loved ones home too. The court chooses to believe every accusation that greedy relatives make, without proof or investigation. I was never charged with anything, other than the insinuations presented by greedy relatives in the court papers. It was an ideal situation for the attorneys and guardians to take over my loved ones money. Even though my companion of many years had given me Durable Power of Attorney, Health Care Surrogate, and Trusteeship, the court chose to ignore the first two. The Trusteeship still stands, but one never knows what they will try to pull next. The guardian has gone into the safety deposit box that belonged to both of us. They intend to take the things belonging to my loved one and sell. They are selling the house and contents that are given to me in the Will. They are cashing in an account in both of our names. They do not honor any of the ward's legal wishes. Yes, as Lou states, we were in love and shared a life of giving all our love, time and energy to one another for the past twelve years. Only greedy relatives would want to take this affection away. The court, attorneys, ALF and guardian are only too happy to oblige so that they can line their own pockets.

Anonymous said...

This is the same old, same old. A worthless child ships the parent off to a nursing home when someone else is more than willing to take care of the person. Hopefully, all of these people will learn the meaning of karma.

Mike said...

This is one of those stories where we might have believed the opposite until we heard the whole story.

StandUp said...

Such a shame. I am sorry for what you're going through, Mary.

I hope you find NASGA and join us.

Anonymous said...

Bill, your father picked Mary. You don't need to protect him from that decision made long ago. He wouldn't be with her if he didn't want to be.

Cecilia said...

This story reminds me that judges should mandate mediation. Did Bill ever sit down and listen to Mary or did he act in a huff?

Anonymous said...

The WORST part was the attempt to isolate. That's unforgiveable.

Betty said...

I don't think you'll ever get over it, Mary. I'm so sorry for the heartache - the pain - and most of all, the worry.