'I'm gonna fight': Family battles hospital for legal guardianship of husband, father

by Tonya Brown

Helen Clark of Marlboro County said she and her two adult children are in one of the greatest fights of their lives to keep a medical facility from getting guardianship over their loved one. (Credit: Clark Family)

MARLBORO COUNTY, SC (WPDE) — Helen Clark of Marlboro County said she and her two adult children are in one of the greatest fights of their lives to keep a medical facility from getting guardianship over their loved one.

Clark's husband, 77-year-old James Clark, is critically ill and has been in the hospital since late January.

"He went into cardiac arrest when. I could hear him coming down the hall. And usually when he comes down the hall, he goes to the bathroom, but this time he didn't. He came in. He said 'Raise the bed, raise the bed.' And I raised the bed. He sat on the bed, and it was like he was grasping for breath. And then he got off the end of the bed, and then he went to his chair, and that's when he fell out," said Helen.

She said paramedics had to resuscitate James before they took him to a hospital in Cheraw.

Her daughter, Tarsha Clark, followed EMS to the hospital.

Helen said on Valentine's Day, James was moved to Regency Hospital in Florence, where he's been for the past seven months.

Helen and her Tarsha drive every day from their home in Bennettsville to visit James at the hospital.

She said her son travels from out of state to visit his dad at least once or twice a month, depending on his work schedule.

Regency Hospital's website says they're a "recovery facility specializing in helping critically ill patients breathe, speak, eat, walk and think as independently as possible."

Helen and Tarsha said James communicates with them in a special way.

"We talked to him through his eyes. Tarsha said, 'Dad, if you understand what I'm saying, blink your eyes.' And he blinks his eyes," Helen said. "To see my dad going through this right now is devastating for me and my family. And for him also because he used to being independent. You know, he's not used to all of this. So, it's very traumatizing for us. I miss my dad. That's why I go see him daily and try to communicate with him and find out how his day was. It's very challenging for us, but like I say, we're going to keep fighting," said Tarsha.

The Clarks' fight goes beyond James‘s medical condition, but the right to keep him close by.

Helen said the hospital wants to send James to a skilled nursing facility, as far as Maryland, Virginia or Georgia.

Helen added that they don’t have the means to travel that far to see James.

    "If the shoe were on the other foot, he would fight. Who would want to send their loved ones that far away off? We can't get to him. And if we don't see him, he's not going to survive," Helen explained.

Regency Hospital is petitioning the Florence County Probate Court to gain guardianship and appoint a conservator over James.

Court documents read James is "incapacitated to such an extent that he lacks the ability to effectively receive, evaluate and respond to information or make or communicate decisions such that a person, even with appropriate, reasonably available support and assistance, cannot."

Helen and her family have turned to their Marlboro County Representative and attorney Jason Luck to help them fight this legal battle.

"Ultimately, they say it's in his best interest. They say it's because there is no facility that can provide him the type of care he needs in this state, and they don't need to prepare. While it's legally possible, is it the right thing to do? And what we have here now is a hospital. We have a private company looking to take over the healthcare and financial decisions of one of my constituents, a husband, a father. And that doesn't feel right. And so can it happen? Yes, it can happen. There are laws available for it. There are opportunities, and there are times when it is appropriate. Today doesn't feel appropriate. This doesn't feel appropriate. It doesn't look appropriate. And we're going to see what we have to do to push back, stop it, reverse it, change it, investigate," said Luck.

Luck said at this point, they haven't filed a response to the hospital's petition, but they plan to within the allotted time frame of 30 days.

"The downside is that, yeah, we have Regency Hospital suing this family, but the upside to that is now we have the discovery process. So, we can do a little investigation. And that's where I won't say I'm excited, but at least I feel like I have an opportunity now to do a little investigating. Let's find out who owns this hospital. Let's find out who owns those facilities that the hospital wants to send Mr. Clark to. So, ultimately, this is a business decision, and that's unfortunate because medicine is a profession, it's not a business, and we shouldn't be looking at the bottom lines all the time. I know that that's maybe an unpopular opinion, but healing people and making a profit are not necessarily the same thing," said Luck.

Marion and Fannie Brown are longtime neighbors to the Clark family, and they're providing support during this tough time for them.

"The Clarks are already experiencing an economic hardship, and this would create even a more severe economic hardship that is great distance. That's devastating. That's emotionally, mentally devastating. That can create trauma. And so it would cause problems for the family. Serious problems. She would want to take that drive every time. That's wear and tear on your car," said Marion Brown.

ABC 15 reached out to Regency Hospital, which provided the following statement:

    "We are not able to provide information about any patients in our care due to HIPAA privacy laws.” 

We also reached out to James‘ appointed attorney, Ed Love of Florence.

Love sent the following response.

    "It is alleged that he is incapacitated, so my role in the matter is to evaluate him, to meet with and interview the medical staff, and to meet with other interested parties, all to assist the court in making a decision that reflects what is in Mr. Clark’s best interests. Otherwise, I am limited in what I can provide until I have done so and prepared a report to submit to the court."

Helen said everyone seems to have James's best interest at heart.

She added that doctors have even told her and Tarsha that he’s brain dead, but she refuses to give up.

"I don't have the right to say, pull the plug on him. That's God's decision," Helen said.

Helen has filed her own petition to become James’ guardian, watching over him as she’s done for the past 54 years.

"With god, I'm ready. Bring it on," she said.

There will be an upcoming hearing on the hospital's petition. 

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'I'm gonna fight': Family battles hospital for legal guardianship of husband, father