Army Ranger vet Martin Patterson’s guadianship nightmare ends

ERIE, Pennsylvania, May 10, 2017 – A former Army Ranger, subjected in his thirties to a guardianship procedure that effectively rendered him a slave to his parents, is now free. Martin Patterson, 37, was officially released from his guardianship after a forensic examination conducted by Dr. Joseph A. Buzogany found he was not incapacitated. Dr. Buzogany bluntly concluded:

“It is the opinion of this examiner to reasonable degree of medical certainty that Mr. Patterson no longer meets requisite criteria for incapacitated persons.”

Patterson was placed into guardianship at the behest of his parents, aided by the Veterans Administration (VA) Fiduciary Hub in Indianapolis, Indiana; and by Laura Eaton, who was made his guardian, along with MECA, the non-profit she also ran.

CDN has tracked Patterson’s story since the summer of 2016, and has found a series of problems with his guardianship. Patterson was initially placed into temporary guardianship after a hearing in which he wasn’t allowed to speak; approximately $75,000 of his money has since been misspent; and Eaton, his parents and the court all subsequently ignored a VA examination which found Patterson to be of sound mind.

While in guardianship, Martin Patterson was also ordered to work regularly, without pay, on his parents’ farm.

Although it was the VA Fiduciary Hub in Indianapolis that handled Patterson’s case because Patterson is a veteran (serving an Army Ranger from 1998-2006); and although their own examination of Patterson found him of sound mine, the VA Fiduciary Hub the office ultimately refused to step in when its findings were ignored.

Lisa Goebel, public affairs officer for the VA Fiduciary Hub in Indianapolis, declined to comment. But previously, she had told this CDN reporter:

“Mr. Patterson was rated competent to handle his VA finances in January 2014. The issue of competency for the VA fiduciary program and the issue of state court guardianship are separate and distinct. The Department of Veterans Affairs is not involved in, nor is a party to, the state guardianship issue you referenced.”

 Dr. Buzogany’s examination found there may have been even more problems with Patterson’s guardianship. According to that examination, the court determined Patterson was incapacitated before an initial examination was complete:

“An incapacity petition occurred in 2013. The hearing occurred December 19, 2013. This followed an independent evaluation by Ted Urban Ed.D who evaluated Mr. Patterson on November 20 and November 25, 2013. Of note, the copy of the actual report provided by Dr. Urban’s office is dated May 28, 2014 with an addendum July 15, 2014. This is an inconsistency that was not able to be resolved at that time of this report.”

The chambers of Judge Stephanie Domitrovich, who was the presiding judge during this period, declined to comment. Judge Domitrovich has since been removed from the case. She was replaced by Judge Elizabeth Kelly, who handled the latest hearing. Judge Domitrovich had already been disciplined for her behavior in another case.

Emails sent by this reporter to Patterson’s parents, Roger and Gail, were left unreturned. An email to Laura Eaton’s attorney, Mary Alfieri Richmond was also left unreturned.

Shortly after CDN’s investigation of this case commenced, Eaton asked to be removed from the case, citing an unnamed conflict of interest.

Kristen Patterson, Martin Patterson’s wife, told this CDN reporter she recently learned Eaton has been removed from MECA, the non-profit she ran. MECA, which specializes in handling guardianship cases for veterans, had been handling Patterson’s guardianship until her removal.

Martin Patterson issued the following statement:

“I am very pleased with the court’s decision today. This has been a long, hard fought battle to regain my freedom after years of oppression at the hands of my parents. My mother’s only concerns were the management of my finances and fear that the court’s decision would come back on them. Not to mention the desperate attempts to smear my reputation to sway the judge’s opinion. My brother even went as far as to question the authenticity of the battery of neuropsychological testing performed by a licensed Neuropsychologist and a licensed Forensic Psychiatrist.

“Testing that was quite in depth and included a full review of all medical records in my case to arrive at the decision in the seven page report. A decision that validates what I have been stating all along. There were no concerns voiced for my wellbeing or quality of life. No concerns or remorse for the damage they have done to me over the years. Judge Elizabeth Kelly had an opportunity to review the medical evidence in my case and her decision to release me from guardianship was consistent with the final report. There is a long road ahead to rebuild the life that was taken from me, but for the first time since my injury, I am free to walk the path I choose. Thank you to all who supported me in this fight.”

 Full Article & Source:
Stunning reversal in former Army Ranger’s guardianship case

Army Ranger vet Martin Patterson’s guadianship nightmare ends

Guardian in Controversial Case Tells Court She Has Conflict of Interest

Mysterious Signature Adds Confusion tin Patterson Guardianship Case

Former Army Ranger Claims Forced Guardianship

Tonight on T.S. Radio:  Martin Patterson - Military Veterans Are Caught in This Trap

NASGA:  Veterans in Peril

Stunning reversal in former Army Ranger’s guardianship case

by Michael Volpe

WASHINGTON, January 22, 2017 – In a stunning reversal, the former Army Ranger previously held in guardianship for more than five years is nearly free of the system.

Martin Patterson, 37, is a former Army Ranger living in Pennsylvania who was placed into guardianship at the behest of his parents who claimed that brain damage from a lightning strike caused him to be incompetent and unable to manage his finances.

On August 2016, CDN featured Patterson’s story with allegations of a corrupt process and that his money has been misspent while he’s been in guardianship. Patterson said he was initially placed in temporary guardianship during a status conference when his parents and guardian bad mouthed him, though they did not testify or were cross-examined; he also said about $75,000 of his funds has gone missing. In October 2016, CDN reported that the guardian, Laura Eaton, had hired an attorney, Mary Alfieri, who filed a motion asking that Eaton be removed from the case due to a “conflict of interest.”

Eaton was also initially appointed by the Veterans Administration to be Patterson’s conservator.

Alfieri did not respond to an email for comment.

That hearing was held on January 11, 2017, Judge Elizabeth Kelly issued an order removing Eaton from the case.

The hearing was initially held at the end of November 2016 but was continued until January.

Patterson’s new wife, Kristen Davis, has been named his temporary guardian and he’s scheduled for an examination which, if it confirms he’s competent, will lead to his removal from guardianship in April.

The VA Fiduciary Hub manages guardianship issues for veterans and the VA Fiduciary Hub in Indianapolis helped to manage Patterson’s- Patterson believes mismanaged.

Lisa Goebel, the press person for the VA Fiduciary Hub in Indianapolis issued this statement:

“Mr. Patterson was rated competent to handle his VA finances in January 2014.  The issue of competency for the VA fiduciary program and the issue of state court guardianship are separate and distinct.  The Department of Veterans Affairs is not involved in, nor is a party to, the state guardianship issue you referenced.”

In fact, part of Patterson’s frustration stemmed for the fact that the VA found him competent but that this competency finding was given no weight in determining whether or not he should remain in guardianship.

Full Article & Source:
Stunning reversal in former Army Ranger’s guardianship case

See Also:
Guardian in Controversial Case Tells Court She Has Conflict of Interest

Mysterious Signature Adds Confusion tin Patterson Guardianship Case

Former Army Ranger Claims Forced Guardianship

Tonight on T.S. Radio:  Martin Patterson - Military Veterans Are Caught in This Trap

NASGA:  Veterans in Peril

Who Makes the Decisions for Your Elderly Loved Ones?

Many aging loved ones have plans for when they are no longer able to make decisions for themselves, but are those plans legally binding??

Advance directives -- legal documents like living wills and power of attorney -- tell your family, doctors and the court your plans for end of life care.

But Channel 2's Dave Huddleston spoke with families who said they lost custody of their loved ones because those advanced directives weren't honored in probate court.

“My mother made it clear who she wanted to take care of her and where she was going to live for the rest of her life,” Doug Franks told Huddleston.

In his mother’s advanced directives, 94-year-old Ernestine Franks said she wanted to stay in her Pensacola, Florida, home, and have her son, Doug, be her guardian when she could no longer make decisions for herself.

Doug Franks, who lives in Austell, already had power of attorney.

But after Ernestine Franks was confronted by a scammer while home alone, older brother, Charles Franks, wanted mom to move near his home in New Orleans. He said he contacted his mother's trust who suggested a private guardianship company step in.

“He stated this was the biggest mistake he's made in his life,” Doug Franks said.

Charles Franks also spoke to Channel 2 and explained his regret about the decision.

The brothers' dispute landed in court.

In August 2012, a Florida probate judge said Doug Franks was unsuitable and unfit to act as guardian because of the dispute.

"We got in trouble because we wanted the best and we had different opinions what was the best for our mom," Doug Franks said.

Ernestine Franks' advanced directives, which included declaring Doug Franks durable power of attorney, designated healthcare surrogate and future guardian, were voided.

A private guardianship company, Gulf Coast Caring Solutions, took control of Ernestine Franks' well-being, and Synovus Bank controlled millions of dollars in her trust.

“It was sad,” Doug Franks said. “The entire way, I drove back thinking I let my mother down, and she's never let me down.”

According to court records, the sons' visits with their mother were limited, and mostly supervised.

Gulf Coast Solutions asked the Franks brothers to not contact their mother three weeks after the guardianship was finalized so Ernestine Franks could establish a routine and bond with her caregivers.

Gulf Coast Solutions and Synovus gave up their rights to the Franks’ estate and Ernestine Franks in November 2014, citing a challenging relationship with the Franks brothers.

A Florida Judge appointed CPA J. Alan Kohr as her guardian and conservator. According to court transcripts, Kohr had been court appointed to serve as guardian or trustee in Escambia County, Florida, 46 previous times.

Doug Franks said guardians spent thousands from Ernestine Franks' trust on food, personal care and fighting the brothers in court.

“It's a dark cloud that's over us all the time,” Doug Franks told Huddleston.

According to Escambia County Court system, guardianship cases are not handled solely at the discretion of the judges.

“Like all other cases in the judicial system, there are statutes, rules and other legal authority that apply and judges use their discretion and judgment within the parameters of the legal authority,” Susan A. Woolf, general counsel for Escambia Courts, told Channel 2 by email.

“Yes, they can override the advance directives,” elder attorney Danielle Humphrey said.

Humphrey said Georgia probate judges rarely void advance directives, and private guardianship is nonexistent in Georgia, but can effect Georgians with loved ones in other states.

In places with a high retirement population -- like Florida -- adult guardianship is big business.

“Possession is nine-tenths of the law and unfortunately, once they become under guardianship, they're like your child,” Humphrey said.

When a loved one lives out of state, it puts them at risk.

She said private guardianship companies, and individuals, can take advantage of an isolated elder.

"They're in it for the money. It's a business, so they're going to treat your mother, or your father, like a business," Humphrey said.

Humphrey, and other experts, said living far from an aging loved one puts them at great risk. They also said an interfamily dispute often leaves probate judges at a loss as to how to deal with the aging relative.

According to the National Guardianship Association, nearly 3,000 jurisdictions regulate guardianship nationwide and everyone is different.

While they stressed there is a great need for guardians and many do a great service, but not a lot of information on guardians nationwide aren’t tracked, so abusive practices, even the number of guardians, is unknown.

Channel 2 spoke to other families who say their loved ones' advanced directives were voided by probate judges, but most guardianship records are closed so it is hard to know why a judge thought a company would be a better guardian than the family member named in the advance directive.

After a four-year fight, the Franks brothers said the guardianship company gave up, because the cash dried up. It was nearly $2 million.

The case went to mediation and the brothers were given guardianship of Ernestine Franks.

They consider it a blessing to have their mother back.

“I was lucky, I was lucky as hell,” Doug Franks said. “We're going to get her back. The key is to help other people, too, so this doesn't happen to them.”

Doug Franks has been working with legislators in Florida and families across the county to strengthen guardianship and probate legislation.

He told Huddleston he is now in the process of moving to Pensacola to be closer to Ernestine Franks.

Source:
Who Makes The Decisions for Your Elderly Loves Ones?

CLICK this link to see the news video

See Also:
NASGA - Ernestine Franks, FL Victim

Are Conservators Stealing From the Rich

Interview on January 25, 2016 with Patricia Rosen about her conservatorship. Bryan Rosen speaks about the corruption in the system, and the need for oversight.

Conservators aren't interested in helping the poor as they have little money. The interview begins at 7 minutes, 50 seconds.
 

 Source:
Are Conservators Stealing From the Rich?

See Also:
NASGA Victim Profiles: Patricia Rosten

Judge Leaves Redstone In Charge of His Affairs

Sumner Redstone remains in charge of his affairs after a judge decided no immediate action was needed in a case that questions his competency to make health care and financial decisions.

California Superior Court Judge Clifford Klein on Monday set a hearing for Jan. 27 at which he will consider a request by Redstone’s attorney to dismiss a suit brought by a former confident and caretaker that alleges that the 92-year-old chairman of Viacom and CBS is no longer able to take care of himself. The judge decided not to dismiss the case immediately, as Redstone’s lawyers requested.

The judge also decided to stay any discovery in the case until the hearing is held. He did not grant a request by Manuela Herzer to be put back as the person responsible for Redstone’s medical decisions when he is no longer able to make them, or order tests on Redstone.

"We are pleased the Court today expressly rejected Ms. Herzer's claims of urgency and granted our request to stay discovery pending next year's hearing on our motion to dismiss,” said Gabrielle Vidal of Loeb & Loeb, a lawyer for Redstone.

Herzer's attorney also saw good signs in the ruling.

"We’ve very pleased with the decision today by Los Angeles County Probate Judge Clifford Klein to deny the request to dismiss our petition and to set a further hearing on the matter in January," said Pierce O'Donnell, on of Herzer's lawyers. "Despite the vitriol that has been unleashed on Manuela Herzer, our case is going forward and she remains determined to fulfill her promise to serve as health care agent for Sumner Redstone, her close friend of 16 years. The fact is that Mr. Redstone is tragically incapacitated – and that’s why he hasn’t submitted a declaration to court and the attorneys claiming to represent him are fighting so hard to keep us away from him. When the court finally allows us take his videotaped deposition, we believe his lack of capacity will be painfully evident to the judge and to the world. "

Full Article & Source:
Judge Leaves Redstone In Charge of His Affairs

See Also:
Competency of Viacom Billionnaire Sumner Redstone Questioned in Court

Health Concerns Continue to Swirl About 92-Year-Old Viacom Executive Chairman, Who Holds Roughly 80% of the Voting Rights of His Company

Mental Competency Tests in the C-suite are More Common Than You Think

Steve Miller: Judge Steel Frees Three "Wards" From Exploitive Court Ordered Guardianship On Same Day

LAS VEGAS - In a unprecedented flurry of court action, on June 30, newly appointed Clark County Family Court Judge Cynthia Dianne Steel freed three previously court appointed wards of the court from the custody of their for-hire guardian April Parks.

What would normally have taken years of expensive court hearings, motions, and lawsuits, in two short hearings conducted in one afternoon, over the protests of Parks and her attorney Lee A. Drizin, Judge Steel patiently listened to family members of three of Parks' wards as they, acting without attorneys, explained that their parents were being exploited, and must immediately be released from Parks' guardianship.

In the case of Elizabeth Indig, her daughter told the court that Parks and her attorney allowed her mother's Henderson home valued at over $200,000 to be foreclosed upon and sold at auction for only $22,000 with Drizin's full knowledge, and without the court's required accounting or oversight.

Attorney Drizen was reportedly furious after the accusation and filed a motion with the court to have the family member who was representing her mother pro per, fined for vexatious litigation, and harassing April Parks. Judge Steel will hear Drizen's argument on Thursday July 2, but is not expected to rule in his favor based on her June 30 ruling in favor of the release of Elizabeth Indig from Parks' guardianship in which the family member acted as her own attorney in spite of Drizen's loud protestations.

In the case of Rudy and Rennie North, their daughter told the court that her parents were not mentally impaired and do not need to be under court ordered guardianship. That during Parks' guardianship, the North's assets were taken, and the court did not require an annual accounting.

In both cases, family members told Judge Steel that Parks initially came to their parent's homes impersonating a police officer, and ordered the elderly people to come with her to a rest home, or face arrest.

April Parks 

In both cases, family members were not informed of Parks' actions until after the parents were removed from their homes.

At subsequent hearings held before appointed Family Court Hearing Master Jon Norheim, (a former mob lawyer) neither Norheim or his boss Judge Charles Hoskin listened to the pleas of family members, and after being informed by Parks or her attorney that the adult children were either "unfit," "exploiters," or "drug addicts," ruled that Parks be granted permanent guardian status for the rest of the parent's lives.

Following a series of stories in The Vegas Voice, and on KNTV Ch. 13 News, the Boulder City Police Department opened an investigation of April Parks, and soon thereafter, her name was stricken from the State of Nevada's list of professional guardians.

It is not yet known whether the families of Parks' victims plan to take legal action to try to recover the monies Parks allegedly converted from their parent's estates.

Mom is Home!

"Pulled from the jaws of nursing home hell, after almost a year my mom came home and was reunited with out fur baby Jamie. She thinks she's dreaming. Guardianship battle continues but she's at home on our turf. They'll have to go over me with a tank to get her back. Couldn't have done it without you.

Just wanted to share a happy moment and a big victory getting her out. 2 days before she's 93. What a birthday wish for all 3 of us. I had to crate Jamie for the hospital bed delivery and for the paramedics to safely bring her in. He weighs more than she does and was so happy he would've knocked them all down."

Source:
Mom is Home!

91-Year-Old Singer Sings for Judge; Gets to Leave Nursing Home

She got her home back for a song.

A 91-year-old former Broadway singer who was declared incompetent and tossed into a nursing home was returned to her Greenwich Village apartment — after wowing a Manhattan judge with her vocal talents.

Elderly songstress Ruth Berk sang the show tunes “Summertime” and “My Funny Valentine” to help convince Justice Tanya Kennedy that she was still fit to live there.

At her hearing, “although the justice refused to allow her to speak, [Berk] interrupted the court and told the court that she wanted to go home. She then began to sing for Justice Kennedy,” her lawyer, Arthur Schwartz, recounted in court papers.

Berk’s daughter, Jessica, said the judge was stunned at the impromptu performance last summer by her mom, whom she called “a cross between Bea Arthur and Elizabeth Taylor” in her younger years.
“[The judge] stepped off the bench, took [her] robe off and shook her hand and said, ‘Mrs. Berk, that was wonderful. Thank you very much for honoring me with that,’ ” Jessica, 55, told The Post.

Ruth was finally returned to her home, where she has lived since 1960, earlier this year.

But she may still have to update her repertoire with a selection from “Rent,’’ her camp said.

Landlord and real estate developer Lloyd Goldman has filed an eviction notice to try to boot Berk and her daughter from their rent-stabilized, $700-a-month penthouse.

Goldman’s lawyer, Lawrence Wolf, told The Post that Ruth and Jessica — who also resides in the two-bedroom pad at 95 Christopher St. — owe $27,000 in back rent.

Ruth’s lawyer and guardian, Arthur Schwartz, said the pair aren’t current on their payments because the rent-stabilized unit — in a building where apartments go for $7,000 a month — is like a “slum” with multiple violations. He added that the building owner has brought 21 unsuccessful landlord-tenant actions over the past 20 years.

Jessica Berk said she believes that their landlord made the anonymous complaint to Adult Protective Services that landed her mom in a nursing home as part of his push to get them out of the cheap pad.

“Who else would have a motive to get rid of my mother?” Jessica reasoned.

Full Article and Source:
91-Year-Old Singer Sings for Judge; Gets to Leave Nursing Home

Florida: ABC Action News I-Team: Patricia Johnson fights more regulation for Florida's Guardianship Program

(Note:  This video is slow loading - but it's worth the wait!)
ABC Action News is staying on top of an effort to protect our state's most vulnerable citizens. State lawmakers are working to reform Florida's Guardianship Program. The measure comes after wards and their family members have reported numerous incidents of abuse and exploitation by professional guardians in court districts throughout the Sunshine State.

One opponent of the new bill was at the center of an I-Team investigation.

In 2013, Willi Berchau told the I-Team that his court-appointed guardian, Patricia Johnson, had wrongly placed him in an Alzheimer's unit. After our stories, doctors and a judge determined Berchau was not incapacitated and freed him from guardianship.

At that time, Johnson declined to speak on camera, and has refused to make any public comments about the issue until now. “I get monitored by everybody, every day, seven days a week,” Johnson testified before the Children, Family and Seniors Subcommittee of the Florida House of Representatives.

Johnson told legislators there's no need to reform the state's guardianship system.

Full Article, Source, and Video:
I-Team: Patricia Johnson fights more regulation for Florida's Guardianship Program

Going Home: Linda Kaye Bous

Thanks to the sunshine of the Sarasota-Herald Tribune, Linda Bous was freed from guardianship and got to go home - unsure what she find when she got there, but knowing she wouldn't find her beloved pets, which were taken from her when she became a ward of the State of Florida:

Source:
Going Home:  Linda Kaye Bous"

See Also:
Woman in Guardianship Series "The Kindness of Strangers - Inside Florida's Guardianship Program" - is Freed!

Woman in Guardianship Series, "The Kindness of Strangers: Inside Elder Guardianship in Florida" is Free!

All the rights that most adults take for granted — to spend their own money, to travel, to vote, to marry, to enjoy dinner out at a Red Lobster — once again belong to Linda Bous.

Bous, 67, did not hesitate today when 12th Judicial Circuit Judge Charles Williams asked her if she wanted to say anything at the hearing to restore her rights and terminate a full adult guardianship of more than nine months. 

A small and soft-voiced woman born in Scotland, she spoke out clearly and briefly about the injustices she believes were done to her.

Distraught from her husband's death in January 2014, Bous had been found by a medical team to be lacking capacity to make her own decisions and was placed by her emergency temporary guardian in an assisted-living facility. In October, her desperate phone call to the Herald-Tribune set in motion the legal process that led to her freedom today. 

“It was a terrible loss, to lose my husband and best friend of almost 30 years,” Bous told the judge. “But if I had had my rights at that time, none of this would have happened.”

The Sarasota resident acknowledged that when someone from the Department of Children and Families visited her home, she was ill and needed assistance. But with help, she said, she could have handled the paperwork for her husband's estate and resumed her life without him.

Before today's hearing, Bous' court-appointed attorney, Marc Soss, returned her house keys and some identification cards. Williams ruled that Bous' guardian must provide a full accounting of all her belongings.

“The system does have checks and balances, and you have an excellent lawyer in Mr. Soss,” Williams told Bous, adding, “Good luck.”

Bous' former guardian, present with her attorney, also wished her luck when the hearing ended. Bous responded with a wry smile. But then she planted a kiss on the cheek of Soss as he gave her copies of documents in her case file — papers she had never been allowed to see.

Full Article and Source:
Woman in Guardianship Series is Free 
See Also:
Woman in "Kindness of Strangers:  Inside Elder Guardianship in Florida" May Get to See Her Home

Ohio Resident Fights Guardian's Decision to Move Him - and Wins!

The Ombudsman received a phone call from a man who knows the Ombudsman from our regular visits to the nursing home where he resides. He called as a result of his court appointed guardian making the decision to move him from his home to a different nursing home. The man shared that he has friends at the nursing home and these relationships are meaningful to him. He also expressed that the nursing home staff know him and he feels safe with them providing his care.

The guardian had made arrangements for his move without ever visiting him or discussing the matter with him. The right to determine, to our best ability, where we live and with whom we are friends is fundamental. The man asked the Ombudsman to help him remain in his home.

During a meeting with the Ombudsman the man stated that at one time he was quite ill and needed to have someone make decisions on his behalf, however, he has recovered his health and his ability to make decisions and doesn’t believe that he needs a guardian anymore. The Ombudsman informed the man that he could request a re-evaluation of his guardianship status by the county probate court where he was adjudicated incompetent and appointed the guardian. The Ombudsman also shared that the guardian, per the county guardianship handbook, should allow him to participate in decisions if capable.

The man decided that he wanted to address the situation directly with the county probate court. He dictated a letter to the social worker of the nursing home with the Ombudsman present. The man provided specific reasons as to why he did not agree with the action the guardian was taking and that the guardian did not include him in the decision-making process. He also requested the court to re-evaluate his competency and his future need for a guardian.

Prior to the hearing a psychiatrist with the nursing home visited the man for an evaluation and determined he no longer needed a guardian. The county probate court held a preliminary hearing with the man and the guardian present. The guardian then understood that the client did not want to move. The magistrate decided the man would remain in his current home while a decision about the competency was made. The county probate court magistrate also ordered a competency evaluation and scheduled a hearing date.

The Ombudsman and staff from the nursing home attended the hearing with the man. The final outcome was that the guardianship was terminated.

Source:
Resident Fights Guardian's Decision to Move Him

Bret Bohn's Guardianship Terminated!

Anchorage Superior Court Judge Erin Marston signed an order Tuesday officially terminating the state guardianship of Bret Bohn, a 27-year-old Wasilla hunting guide entangled in a high-profile medical custody battle. Bohn's family had long fought their son's hospitalization, alleging he was being held against his will and forced to take drugs he didn't want or need.

Bohn spent seven months in Anchorage and Seattle hospitals diagnosed with a brain infection. A state-appointed guardian made his medical decisions.

An Anchorage magistrate recommended ending the guardianship during a closed-door hearing Friday. Mario Bird, the family's attorney, confirmed in an email Tuesday that the case was closed and, he wrote, "Bret’s family is celebrating!"

Source:
Judge Terminates State Guardianship for Bret Bohn

See Also:
Judge Recommends Removal of Legal Guardian for Bret Bohn

Judge Recommends Removal of Legal Guardian for Bret Bohn

An Anchorage judge is recommending the state terminate its legal guardianship over Bret Bohn, the 27-year-old Wasilla man who has been at the center of a medical custody battle between the state and his family.
 
Bohn, who is currently living in Idaho, spoke by telephone at his hearing today in an Anchorage courtroom. The media was not allowed to be present but his family and attorney spoke after the proceeding.

“I think all the parties have come to the agreement that Bret Bohn has regained capacity and he is now ready to re-enter society as the young man he was before he had a guardian placed over him last fall,” said Mario Bird, an attorney for Bohn’s parents.

Bohn was declared medically incapacitated a short time after he was admitted to Providence Alaska Medical Center last fall; first for insomnia, then for seizures.

The family clashed with hospital staff over medications given to their son.

A judge overrode his parent’s power of attorney and gave sole control over Bohn’s medical decisions to a paid public guardian.

Lorraine Phillips, Bohn’s mother, said she was looking forward to seeing her son soon and couldn’t be happier that he had regained his rights. She said her son is doing well and is able to make his own decisions, including whether he might seek legal redress over what happened to him.

Source:
Judge Recommends Removal of Legal Guardian for Bret Bohn

See Also:
Bret Bohn Case Puts Spotlight on Alaska State Guardian Program

Charlie Fink's Battle With the State of Texas is Over -- and He Won!

An elderly man taken against his will into state custody has won his legal battle and his freedom.

Charlie Fink, 85, left the nursing home on Friday where he had been in state custody since Feb. 26. The Department of Aging and Disability Services opted not to seek permanent guardianship of Fink after it evaluated him and reviewed his medical records.

A judge had already said he felt Fink could take care of himself.

Fink said he felt “like a million dollars” when he heard he won his battle against the state.

“Now I’m free, I ain’t coming back, I'm not coming back,” Fink said.

Fink’s case has been extensively covered by FOX4, revealing a system where independent elderly adults can be forced against their wishes into state guardianship with the state seizing control of their assets.

Fink had more than $1 million worth of assets.

Fink had been placed in a psych ward at Richardson Methodist Hospital after going in for hernia surgery in early February. Doctors were concerned he could not make good decisions concerning his health.

“Obviously we've had our ups and downs, but at the end we were able to get Charlie out and hopefully he'll be able to move on with his life and be able to continue the way he had before, but hopefully in a better way,” said Fink attorney Lysette Rios.

Source:
Elderly Man Wins Freedom After Battle With State

Luck for Dorothy!

Dorothy Luck finally nabbed a break in her ongoing battle against a Tarrant County probate court that has seemed bent on bleeding her dry financially in an ironic attempt to protect her.

Judge Steven King signed an agreement this month that frees Luck from guardianship in a controversial case that removed her rights — including her ability to hire an attorney — even as it sucked an estimated $1 million or more of her savings (“Grabbing the Purse,” Sept. 4, 2013).

“I wanted you to be the first to know,” Luck told Fort Worth Weekly after receiving the news. “Your article had everything to do with it.”

Over the past six years, the Weekly has published several stories spotlighting the county’s two probate judges (King and Pat Ferchill) and their web of attorneys, investigators, bankers, social workers, and others who sometimes appear overzealous in their attempts to manage — and sometimes benefit from — the lives and bank accounts of elderly and disabled residents.

The first story (“Saving Katia,” July 2, 2008) chronicled Kathie Seidel’s attempts to overturn Ferchill’s decision to remove her adoptive daughter from the Seidel home, place her under guardianship, and heavily restrict her communication with relatives. The judge made the decision in a closed hearing without the mother’s input. Seidel is still fighting to get what her now-adult daughter wants: restoration of her rights or at least a more family-friendly guardian.

Seidel sees the recent action in Luck’s case, along with a couple of other recent guardianship reversals, as victories for everyone trying to protect the rights of wards, which is what the guardianship system is supposed to do.

“This is an important decision,” Seidel said. “They [probate courts] are trying to tidy up questionable rulings.”

Seidel credits several factors in addition to media scrutiny led by the Weekly.

Full Article and Source:
Luck for Dorothy

See Also:
Grabbing the Purse

Saving Katia

NJ Man Free of Guardianship He Said He No Longer Needs!

A 75-year-old placed under the care of a public guardian after suffering a traumatic brain injury in a fall almost two years ago finally has won back his independence.

But Ken Schmidt's savings and many of his assets are gone — sold off to pay for his assisted-living care, his guardian told him.

" 'It's all gone.' That's their classic answer: 'I'm sorry, it's all gone.' And they won't give me anything in writing," Schmidt said in September. "Everything's just disappeared."

The state placed Schmidt, a retired insurance salesman, in a $5,000-a-month assisted-living facility more than a year ago. He had had many of his civil rights stripped away after he fell and hit his head in Jan. 30, 2012, on the sidewalk outside his home here. A judge declared him mentally incapacitated and ordered the state public guardian to take charge of his assets and medical care under New Jersey's guardian laws.

But Schmidt said he fully recovered from his injuries in September 2012. The problem was getting the judgment of incapacity lifted; that happened Dec. 16.

In the meantime:
• His $65,000 in savings is gone.
• The townhouse that he owned mortgage free six miles from the assisted-living center is in foreclosure because of a reverse mortgage he previously had taken out.
• The property also has $5,960 lien against it for unpaid condominium maintenance fees.
• All of the utilities were turned off, presumably because of $1,700 in unpaid bills.
• Much of his furniture, his books and all his dishes and flatware are missing — sold off by the public guardian.

"This doesn't seem fair. Not that anything in life is fair, but it's sort of ridiculous," Schmidt said during his first visit back home last week, shortly after discovering that his computer was gone, too.

"It's unbelievable. I've spent my whole life building things up, and now I have to start over again — and this time with no money," he said.

Full Article, Video and Source:
N.J. man free of guardianship he said he no longer needs

ABC Action News I-Team: Willi Berchau Enjoys First Hours of Freedom From Florida's Guardianship Program!

A man who has spent years under the control of Florida's guardianship program is now free to come and go as he pleases and says it's thanks in part to the I-Team.

The cry from friends and supporters was "Free Willi,”as Willi Berchau battled a court system that he says was working against him.

 He is now out of his court ordered guardianship and is speaking out.

With a smile on his face and a bounce in his step, Willi left his assisted living center for the first time without having to ask permission to go eat pizza.

“I feel like I lost all the problems in my life,” Berchau said.

When we met Willi over the summer, he had been placed in an Alzheimer's unit by his court appointed professional guardian Patricia Johnson.

“If you stayed there any longer, you would mentally go down,” Berchau said back in August.
Berchau had been in a guardianship after he reportedly tried to sell his home for too low of a price back in 2010.

Johnson, who he had never met, asked the court to become his guardian.

“I got the letter from the court to appear in court. Once I appeared in court, I knew that they got me,” Berchau said. “And I couldn't get out.”

Willi was declared incapacitated, lost all his rights and was appointed a guardian.

After he was put into an Alzheimer's unit, we got involved. Days later he was moved to a less restrictive environment.

Last month, he was re-evaluated by a doctor, who found that he had full capacity.

“At my age, I guess I'm doing pretty good,” said Berchau, who will turn 100 in April.

Full Article, Video and Source:
Man enjoys first hours of freedom from Florida's Guardianship Program

See Also:
ABC Action News: Willie Berchau is Freed!

Against All Odds - Congratulations Guadalupe Olvera!

On August 21, 2013, California Superior Court Judge Paul M. Marigonda restored the rights of 94-yr-old WW2 hero Guadalupe Olvera after a court appointed Nevada guardian bled $300,000.00 from Olvera's family trust, deprived him of his civil rights, and held him captive in his Henderson, Nevada home from the beginning of November 2009 until the end of September 2010 when Olvera defied Nevada for-hire guardian Jared Shafer's orders and moved back to California to spend his final days with his family.

Shafer then spent Olvera's funds paying attorneys in Nevada and California in an expensive but failed effort to force Olvera to return to Nevada, while holding his estate captive until August 21, 2013 when Judge Marigonda finally restored Olvera's civil rights.  Confirming that Guadalupe Olvera was and is competent to handle his own personal and financial affairs, Judge Marigonda overruled the orders of Shafer crony, Clark County Family Court "Guardianship Commissioner" Jon Norheim, and released Olvera from a forced California guardianship required by Shafer as a condition for the Nevada termination of Shafer's four-year-long control of Olvera's person and fortune.

Asked how he feels after regaining his civil rights, Guadalupe Olvera stated: 'I'm glad I'm free from what he did to me. I'm free now and I don't ever want to hear his name again. I hope he goes to jail.'

Jared Shafer








Full Article and Source:
Daughter of WW2 Vet Succeeds in Terminating Jared E. Shafer's Nevada guardianship and a California Conservatorship Dictated by Shafer

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NASGA:  Lupe Olvera
Marcy Dudek

Lillie Scalia Gets to go Home After Two Years Forced Out of Her Home and Confined in a Facility by the Santa Clara County Public Guardian

An ABC7 News I-Team investigation uncovered a Bay Area county violating a federal regulation. Now, the county is changing policy and moving a woman back into her home. The I-Team's Dan Noyes has the results of his investigation.

Source:
I-Team Investigation Prompts Policy Change in Santa Clara County

See Also:
ABC News I-Team Investigates Santa Clara County Public Guardian

Santa Clara County Public Guardian Under Fire for Isolating Elderly