Marriage Annulment in Guardianship Case Heads to Florida Supreme Court

Glenda Martinez Smith has already made an important impact on adult guardianship of incapacitated seniors in the state of Florida.

The court appeal she won in March 2015 told judges in six Florida counties they could no longer ignore pre-need directives by seniors about who they want as their health care surrogate and pre-need guardian if they become incapacitated.

But Martinez Smith is not done yet.

She is heading to the Florida Supreme Court and aims once again to overturn Circuit Judge David French, who made the unusual move to annul her 2011 marriage to J. Alan Smith at the behest of a court-appointed professional guardian and the guardian’s attorney.

The 4th District Court of Appeal on June 29 certified “a question of great public importance:” to the state’s highest court on whether incapacitated individuals can retain one of the most sacred of American rights.

“It involves the fundamental right of a ward to marry,” said Jennifer Carroll, the Palm Beach Gardens attorney who represents Martinez Smith. “When and under what circumstances does a ward have to get the court’s approval before exercising his fundamental right to marry?”

Jennifer Caroll

An annulment can be a cash cow for a guardian and the attorney who represents him or her. The Post reported in its series Guardianship: A Broken Trust how annulment proceedings initiated by a guardian can drain the estate of the senior and cost loved ones tens of thousands of dollars in court fees fighting it.

A marriage annulment in guardianship can affect benefits for the surviving partner after the incapacitated senior dies and cause great emotional pain for the couple. Martinez Smith contends that the annulment was designed so that the guardian and his attorney could drain as much money from her husband’s accounts, as possible.

Martinez Smith, who was financially secure long before she met Smith, said she spent upwards of $150,000 form her own money fighting the guardianship and reversing decisions made by Palm Beach Circuit judges. Her husband, she said, was left personally bankrupt as the guardian liquidated life insurance policies.

She got no relief from the judges. Circuit Judge Martin Colin threw her out of the courtroom. He also insulted her looks. The 4th DCA on April 3, 2013 granted her petition to disqualify Colin.

The court concluded “that the judge’s acts of ejecting petitioner from the courtroom, later striking her testimony on the basis of a perceived insult to him, and his comment that petitioner’s entire demeanor, including that ‘her face, her voice, her sound, may be unpleasant to everyone else,’ save the ward, would lead any reasonably prudent person to fear that she would not receive a fair hearing before the judge.”

Martinez Smith didn’t know at the time that Colin’s wife, Elizabeth “Betsy” Savitt, worked as a professional guardian. Colin announced his retirement after The Post’s Broken Trust series reported on the judge’s conflict of interest and the litany of complaints orbiting his wife’s guardianships. Colin was transferred out of the guardianship division then announced his retirement.

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Marriage Annulment in Guardianship Case Heads to Florida Supreme Court

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NASGA:  J. Alan Smith, FL

Fees in Bitter Family Dispute Prompt Judge's Call for Litigation Budget

A family law judge is recommending a litigation budget to detail all costs in an acrimonious family dispute gearing to rack up more than a million dollars in attorney fees and costs.

Miami-Dade Circuit Judge David Miller on Monday said he was "about a nanosecond away" from requiring attorneys on both sides to draw up budgets for their clients in a case pitting a millionaire's adult children against his third wife.

"If your clients knew they were going to be $2 million light … they might reconsider the wisdom of this case," Miller said toward the end of a contentious hearing to annul the marriage of Jose Lopez and Mercy Flores, who married in 2014. "I could easily see this costing $1 million."

Lopez's children suggest Flores manipulated their elderly father, an Alzheimer's patient more than 20 years her senior, into marriage after allegedly having a sexual relationship with his son. They won the right to serve as guardians of his estate, estimated to be worth more than $30 million.

The ongoing case spawned motions for sanctions against the guardians' attorneys and a reported criminal investigation against Lopez's longtime friend and trustee, Ed Guttenmacher.

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Fees in Bitter Family Dispute Prompt Judge's Call for Litigation Budget

Guardianships: A Broken Trust: Robert Wein, Costly Try at Annulling Marriage

The case of Robert Wein illustrates the often savage nature of guardianship cases. Family members say [Elizabeth] Savitt splits families into camps by pursuing what is called “staged litigation,” settling disputes in court to run up fees.

On one side is Daniel Wein, Robert’s brother.

The other side is Robert’s wife, Vita, and Jodi Rich, Daniel’s estranged daughter.

Rich said all Savitt has done as guardian is “bill, bill, bill” and criticized her lack of success in tracking down$700,000 in promissory notes owed to her late uncle, who died Dec. 1. Robert Wein was worth up to $3 million, according to court documents.

Though married in 1958, the couple renewed their vows in 2014 and obtained a Florida marriage license. Daniel Wein believed his brother divorced Vita, 82, and wasn’t competent enough to remarry. So for the last months of Robert Wein’s life, Savitt — as his guardian — focused on undoing the union of this elderly couple in a fight over what would be a lucrative estate.

Vita, as a spouse, can claim one-third of Wein’s estate. Daniel claims Vita Wein and Jodi Rich are interested only in that money.

“She has been guardian for 12 months and hasn’t done anything except try to dissolve the marriage of these two elderly people who had been married for 58 years,” said Rich before Wein’s death. “So there are two marriage licenses. Who cares? What’s the difference? They wanted to end their life together.”

Emails show Savitt discussing with Daniel Wein trying to get the authority to annul Robert’s marriage, contending he and Vita were divorced and that she tricked him into remarrying in 2014. Savitt also was trying before Robert’s death to amend the trust to give Daniel $150,000.

“Daniel and Savitt, they are in bed together,” Rich said. “We have a lot of evidence.”

Litigation on the marriage issue resulted in an expensive 2½ hour court hearing and depositions before the matter was dropped unceremoniously by Savitt at a hearing in August.

Elizabeth Savitt

“Savitt is the culprit here. She is the one who caused all the problems,” Rich said. “She shouldn’t be a guardian.” Daniel Wein, though, praised Savitt for protecting his brother’s assets.

“I don’t know how she handles her other cases; I know with this, particularly with my brother, they have been aboveboard,” he said.

Vita Wein, though, has pressed Savitt to explain her actions.

In a June 10 deposition and in his motion for Savitt’s removal, Vita’s attorney at the time, Rosenwater, repeatedly tried to get the judge’s wife to say why she hadn’t filed one invoice in the case in eight months but took $17,000 without prior court approval.

When Savitt refused to answer a question about whether she had any objections to a critical report to the court on Wein, Rosenwater was exasperated. “She can’t answer. It’s amazing,” he said.

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Guardianships:  A Broken Trust:  Robert Wein, Costly Try at Annulling Marriage

Linda Kincaid Reports: Elder Abuse by Oakland Conservator Scott Phipps: Gwen Boozé Speaks Out

Oakland residents are concerned about Elinor Frerichs (91), fallen prey to an abusive conservator. Scott Phipps of Phisco Fiduciary instructs assisted living facility Lakeside Park to keep Elinor unlawfully isolated behind locked doors. No visitors. No phone calls. Elinor has no way to communicate with family, friends, or elder rights advocates.

On September 12, 2014, Phipps petitioned the court to permanently take away Elinor’s right to visitation. The Notice of Conservatee's Rights states Elinor’s right to attend hearings on her case. The Notice also states Elinor’s right to ask the judge to replace Phipps as conservator. Advocates across the country urged Phipps to allow Elinor to exercise her rights.

Phipps did not allow Elinor to attend her hearing. Phipps kept Elinor isolated on September 12, preventing Elinor telling the judge about the abuse she suffers at Phipps’ hands.

• Elinor had no way to tell the judge that Phipps sold her family ranch without her knowledge or consent.
• Elinor had no way to tell the judge that she loves her husband, and she opposed Phipps having their marriage annulled.
• Elinor had no way to tell the judge how much she misses her little dog, Barker, also taken away from her.

Many Oakland residents fear they could be next to fall victim to similar abuse. Long-term Oakland resident and elder advocate Gwen Boozé eloquently expressed the concerns and fears of the Oakland community.

"I am just so sad and so scared that this could happen to me or even you, Supervisor. The short version is that there is a spunky lovable 91 year old woman that happened to outlive her friends and family and did it with millions of dollars to boot. Our justice system has taken away her human rights by greedy slick attorneys that legally get to spend her money while they lock her away and deny her telephone calls and friendly visitors. They even disposed of her little dog companion, Barker.  

The thing is, I just do not understand how they can continually get away with taking away her human rights. Since she has so much money, why can't she be afforded the dignity of living out the rest of her days in her own home with 24/7 registered and certified nursing care. They did not have to kill her dog. And she could at least get a new one. But no, instead of being humane, this Friday, September 12th they are asking the courts to further restrict her ability to receive visitors or telephone calls.  

I challenge you, Madam Supervisor. I challenge you to just go visit Elinor Frerichs at the Lakeside Park Memory Care Facility at 468 Perkins, Oakland, CA 94610. If they don't call the police on you, and allow you to visit with her, you will see that she is an adorable little old lady that deserves the respect we once gave our elders. At the very least, let her attend her own hearing on September 12, 2014. 

If after visiting with Elinor you find it in your heart to do something to stop this case of Elder Abuse and give her the dignity and human rights she deserves, I can't promise you anything but a warm heart and maybe you will never find yourself in such an awful position. 

My name is Gwendolyn M. Boozé and you can reach me by responding to this email. I appreciate your consideration and expediency regarding Elinor Frerichs' human rights."

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Elder Abuse by Oakland Conservator Scott Phipps:  Gwen Boozé Speaks Out

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YouTube:  Elder Abuse by Conservator Scott Phipps in Oakland, CA

Marriage of Newlyweds, Ages 96 and 95, Questioned

In some ways, Rebecca Wright doesn't understand all the fuss over her 96-year-old mother's recent marriage. After all, she says, "Anybody who wants to get married must have a little dementia."

The courts, though, and some of Wright's other relatives aren't amused. And the future for newlyweds Edith Hill, 96, and Eddie Harrison, 95, is very much uncertain.

 

The two have been companions for more than a decade after a Hollywood-style meet-cute - they struck up a conversation while standing in line for lottery tickets, with one of the tickets turning into a $2,500 winner. They married earlier this year, with a 95-year-old church elder presiding over the ceremony, no less.

 

"I guess I wanted company," Hill said in an interview, explaining why she married. "I wanted somebody I could help, and they could help me. ... We were both single. My husband was gone. His wife was gone. We became the best of friends."

 

Robin Wright, Hill's granddaughter, said the relationship is more romantic than Hill's explanation allows.

 

"You catch them kissing all the time," she said. "They're actually in love. Really in love. ... I know he's part of the reason she gets up every morning."

 

Legally, though, the wedding has been problematic. Hill has been declared legally incapacitated for several years. A judge said at a hearing last month that he believes Wright - co-guardian over her mother along with Rebecca Wright's sister who opposed the marriage - acted improperly by taking her mother to get married without the court's permission.

 

Cary Cuccinelli, representing the sister who opposed the marriage, Patricia Barber, said at last month's hearing that the wedding occurred without other family members' knowledge, and that it complicated the matter of how to eventually distribute Hill's estate, which includes property on the edge of Old Town Alexandria, worth about $475,000, according to real estate assessments.

 

"Legally, Mr. Harrison now has a right to a portion of Ms. Hill's estate," she told the judge, saying it also complicates decisions over who will care for Hill, and where she will live.

 

While the judge, James Clark, found the marriage to have been improper, he also worried that breaking up the couple could "create a circumstance in Ms. Hill's life that she doesn't deserve."

 

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Marriage of newlyweds, ages 96 and 95, questioned

Georgia Man Pleads Not Guilty to Financially Exploiting a Woman With Dementia Who May or May Not Be His Wife

A Prattville man pleaded not guilty Wednesday to financially exploiting a woman who may or may not be his wife.

Glen Ray Glassmeyer, 75, was indicted in July on a charge of financial exploitation of the elderly, courthouse records show. He entered the plea before Judge Sibley Reynolds in Autauga County Circuit Court. Reynolds set a trial date for the week of Sept. 29.

Glassmeyer allegedly gained access to an elderly woman's finances and misused "several hundred thousand dollars," Assistant District Attorney Jessica Sanders said. He also allegedly bought a house for $150,000 in Elmore County that he put in his name, using the woman's money, she said.

Glassmeyer's attorney, Virginia Lucci, declined to comment about the case. He is free on a bond of $10,000, records at the Autauga Metro Jail show.

The victim in the case suffers from dementia, and Glassmeyer married her three days before he was arrested, Sanders told Reynolds.

"Judge, there is some question about Mr. Glassmeyer's relationship with the victim," she said. "He has told investigators he is her caregiver, but he also said they were together in a dating relationship. There is a petition filed seeking an annulment of the marriage."

The legality of the marriage is in question due to the victim's level of competency at the time of the marriage, prosecutors allege.

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Prattville Man Pleads Not Guilty to Exploitation Charges<.a<