A Hillsboro woman is suing her brother, her mother's lawyer, Highland County Probate Judge Kevin Greer, and even Ohio Gov. John Kasich over issues involving the legal guardianship of her mother.Jane Branson filed the suit Tuesday in the U.S. District Court for southern Ohio. Representing herself, Branson claims in her suit that her mother, Mollie Florkey, should be released from a nursing home in which she was placed, and also claims she has been denied proper access to Ohio's courts.
But records show she has long been involved in court in regard to a disagreement among her siblings over the guardianship and care of her mother. Records show that in 2002, Molly Florkey filed both a Living Will and a durable power of attorney form expressing her desire that her son, James Malott, be designated her guardian should she become incapacitated.
Those documents also reflect her desire to have another daughter, Helen Olberg, designated her guardian in the event her son was unable or unwilling to perform the duties.
In 2007, Malott and Branson both filed documents in court seeking to be named guardian of their mother. Greer, guided by Florkey's living will and power of attorney forms, ruled in favor of Malott's petition.
Since then, Branson has attempted to overturn Greer's decision, as well as asking Greer to remove himself from the case, which he refused to do. She has also petitioned the Ohio Supreme Court several times to have Greer removed from the case. The court has turned down her request each time, most recently admonishing her not to file any additional requests on that subject.
In her suit, Branson claims she has been denied the ability to exhaust her access to the courts, and demands that her mother "be released (from a nursing home) and restored of her liberty, and, for all just and proper relief deemed appropriate by this court and under the facts and circumstances presented."
Greer declined to discuss the merits of the case, but did say it was the first time in a 31-year career he had been sued.
Also named in the suit is Hillsboro attorney J.D. Wagoner, who is Florkey's attorney. Wagoner said he was unable to comment at this time, and Malott's attorney, William Peele of Wilmington, did not return a request for comment.
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Hillsboro Woman Sues Her Brother, Judge Greer Over Mother's Situation
Note: Jane Branson is a member of NASGA
Good for you, Jane. Don't give up!
ReplyDeleteI am praying for you, Jane, and for your mother.
ReplyDeleteIt's the first time the judge has been sued? Stand tall, Jane!
ReplyDeleteIt's time these Judges understand that they are not above the law and they can and will be held accountable.
ReplyDeleteJenny Ferchild
I never knew what guardianship was until my father had a guardian, this has cost our family our entire life savings, and it seems that the only thing the court cares about is my fathers wealth and not about my father or his health.
ReplyDeleteGod Bless you and your Mother.
Steven Day
I guess there is a first time for everything.
ReplyDeleteLearn from Jane by visiting http://www.estateofdenial.com/2009/05/27/from-ohio-2/
ReplyDeleteJane's Mother should be brought to court to tell the judge what she wants and the judge should listen!
ReplyDeleteForget the family dispute - just listen to the Mother.
and while learning be certain to read
ReplyDeletehttp://scholar.google.com/scholar_case?case=10418211903619958303&q=%22title+II+ADA+%22&hl=en&as_sdt=4,111,126,275,276,280,281,293,294,301,302,303,338,339,343,344,356,357,364,365,366,381
dang that is a long link.
"Popovich v. Cuyahoga County Court of Common Pleas, 276 F.3d 808US District Court of Appeals 6th Cir. (2002)
proof that a court can be sued for violating Title II of the ADA.
See also, Tennessee v. Lane US Supreme Court 2004
We're all rooting for you and your mother, Jane!
ReplyDeleteWhy should a mother languish in a nursing home if a daughter is willing to provide better care?
ReplyDeleteThank you Jane for your great courage. Now WE can follow in YOUR footsteps. Stay strong! I am praying that God will show you the way...Cynthia
ReplyDeleteThe family of Mollie Florkey want to make it "very clear", to the State of Ohio Officials, this is Not a family dispute but (Crimes) that have been committed against a volunerable, helpless elderly woman. Mollie' son, James Malott, well thought out plan to cover up his crimes of greed Even before being appointed guardian was to break-down Mollie's mind, body and Spirit to isolate her from family and friends for years to stop Mollie from talking. Malott's goal was to put Mollie away to have total control of her home, property and all Mollie's assets which Malott has Never accounted for. There is no Estate Guardianship.
ReplyDeleteMalott kidnapped Mollie Florkey "twice" from her home, held Mollie against her will unlawfully in two nursing facilities where Mollie has been threatened, verbally, physically and mentally abused, isolated and almost died prematurely due to negligence that Malott allowed. Malott was informed by a Cincinnati Ombudsman representative what he was doing was "Not Legal" and he could get in a lot of trouble, but Malott's errogance dismissed the Ombudsman's Warning because Malott believes he can cross any line as a Law enforcement officer. During the November 14, 2007 guardianship hearing Mollie was not allowed to attend her own hearing to demand her freedom. Mollie's guardian ad litem, J.D. Wagoner had a written statement he submitted to Judge Greer before the hearing, Mollie did not want Malott to be her guardian, Mollie wanted to return home to live with her daughter Jane, but instead of defending Mollie, Attorney J.D.Wagoner, sided with Malott's attorney, stated, he agreed Mollie should stay in a nursing facility without giving any reason as "Why," Mollie should be forced to stay in the facility "Without" Medical Necessity. No doctor said Mollie had to be confined in an institution,in fact Mollie's doctor was very satisfied with her care at home. In 2011 during a hearing in Common Pleas Court, Judge Greer ignored evidence Jane Branson presented to the Court, confirming Malott used a Fraudulent POA that appointed him guardian, along with a letter by Malott, he was aware Mollie was not competent when she signed the unlawful POA. Greer refused to recognoze the evidence stating Jane could not bring the matter to the Courts attention as Mollie Florkey's Next-Friend on behalf of her Mother and dismissed the case, however, for the past four years Judge Greer Has recognized Jane Branson as Next-Friend on behalf of her Mother but when evidence of the fraudulent POA was presented Greer made sure he "shut Jane down" just as he promised he would do in a previous hearing. Greer made sure Mollie's Voice would not be heard in a Court of law in order to protect his Corrupt Court Agents that rail-roaded Mollie Florkey.
Numerous reports of Mollies abuse and isolation have been filed with the Hillsboro Probate Court for the past four years but Greer refuses to acknowledge or investigate the matter, even when alarming pictures of Mollie's abuse were submitted to the Court and guardian ad litem, J. D. Wagoner. Court of Appeals and the Supreme Court "Did Not" tell Jane Branson she could no longer file motions on behalf of her Mother, Judge Greer is the Only judge that verbally told Jane he would no longer accept her filings on Mollie Florkey's behalf more than likely due to the recent evidence of the fraudulent POA. Judge Greer has denied Mollie Florkeys Constitutional and Civil Rights since November 14, 2007, has been bias and prejudice of Mollie Florkey and Next-Friend Branson and refusing Mollie Florkey access to the Courts. Judge Greer has contributed to destroying Mollie Florkey's life.
The Court Must ask Mollie Florkey "One" Question,
ReplyDeleteMollie, do you want to go home and live with your daughter, Jane Branson ?
It is imperative the Courts disclose to Mollie Florkey, her daughter Jane Branson has been fighting for her Freedom for the the past four (Plus) years, That it was Malott who refused to allow Jane to see her Mother, because he knew when Mollie saw Jane, Mollie would demand to go home with her daughter. Malott purposely mislead Mollie to believe Jane abandoned her after Mollie depended on Jane for years for all her medical and personal needs then suddenly Jane was gone, because Malott ripped Jane out of Mollie's life to stop Mollie from talking, demanding to return home. Malott's cruel deceptive lies has forced Mollie to suffer needless mental anguish and great loss of precious time with her daughters that Mollie can never get back.
In 2007, Malott kidnapped Mollie, from her home, unlawfully forced Mollie in a nursing facility against her will without medical necessity, "isolated" Mollie from family and friends for the past four years, while Malott brainwashed, threatened, bullied and forced Mollie to become completely dependent on him,(Stockholm Syndrom) while Mollie's medical care was neglected, Mollie has been rushed numerous times to ER and worse. Malott made sure he withheld from Mollie, "Access to the Courts" to stop her from "removing" him as the guardian, it is the reason he kept Mollie "Over Sedated" and isolated.
Malott ordered Mollie's Pastor and his wife out of Mollie's room, they were told never to come back. Mollie is not allowed any visitors unless Malott approves, Mollie is only allowed to talk on the phone using Malott's cell phone, all calls must be on "Speaker Phone" so Malott can hear the conversations, if Malott does not like what is being said he disconnects the call. Malott opens Mollie's mail before she is allowed to read it, anything he doesn't like he disposes it. Malott has ignored Mollie Florkey's Nursing Home Bill of Rights,and ignored the Ohio Governor's Developemental Disabilities Council, "it is unlawful for a guardian to withhold visitations form the Ward because the guardian has animosities towards the visitors," that HARMS THE WARD ! Mollie's Constituional Rights have been violated, Mollie has been discriminated against by isolating her and confining her in a facility when in fact there is a least restrictive alternative in Jane's home. Malott is Violating the "Olnstead Docterine."
But just like Penn State Paterno, EVERYONE remains SILENT, walks away, pretends it's not happening while Mollie Florkey is forced to needlessly suffer, endure on-going abuse while her screams are silenced by her abusers, a guardian who is allowed by the the Court to continue to commit these crimes against an innocent victim, even when reports of Mollie's abuse have been reported to the Probate Court for the past four years, but the Court refused to acknowledge the complaints and motions filed, investigate or allow Mollie Florkey "Access to the Court," for her Voice to be heard. Mollie Florkey's guardian, her attorney and the Probate Judge are "All" guilty of not Protecting Mollie Florkey from HARM and destroying he life.