Showing posts with label NewYork. Show all posts
Showing posts with label NewYork. Show all posts

Tuesday, June 14, 2022

Pop-Art Icon Peter Max’s Daughter Files New Suit Calling His Guardianship ‘Inhumane’

 by Tatiana Siegel
The new filing is the latest in a series of ongoing efforts by Libra Max to have more say in her 84-year-old father’s care as he suffers the effects of Alzheimer’s-related dementia


As his Alzheimer’s-related dementia has progressed, a series of legal battles surrounding Max’s care — marked by familial infighting, numerous challenges to the guardianship, suits and countersuits — have escalated. In the latest of these lawsuits, filed Tuesday in New York State, Libra, 55, alleges that Max’s current court-appointed guardian has, among other things, inflicted severe emotional distress on Libra by isolating Max from family and friends and withholding information about Max’s health from Libra. The suit also alleges that Max’s guardian has lied to the court in the guardianship case.

“My father should never have been put into a guardianship in the first place, and he should not be in one now,” Libra tells Rolling Stone. “[He] has a loving daughter, me, and he has been begging for me to come care for him, just as my father did for his own father. It is our family culture to care for our own.”

The recent drama began in the months leading up to Lang’s 2019 visit, when Max’s second wife, animal rights activist Mary Balkin, petitioned a New York court to install a new guardian. On June 9, 2019, the New York Times published an exposé about how Max’s dementia was allegedly being exploited by his business associates for financial gain. (Max’s estate is estimated at hundreds of millions of dollars.) The Times also reported allegations of abuse and neglect against Balkin, who took her life days later.

Within 24 hours of Balkin’s death, a court appointed Barbara Lissner, an attorney whose firm was founded by her father-in-law to help Holocaust survivors like Max, as the artist’s new guardian. But the situation quickly devolved. Three months later, with support from a group of Max’s friends and 17 of his cousins, Libra made the first of several so far unsuccessful attempts to end Max’s guardianship or at least to remove Lissner from the role.

In a 2020 affidavit submitted as part of these efforts, Lang alleged that he’d been unable to reach Max at home or in his studio since Lissner, 67, had taken over his care. “This is an absolute tragedy,” Lang stated. “I miss Peter deeply, and am very worried about him. … I’m sure that Peter’s current state — isolated and cut off from his family and close friends — is a depressing situation for him. This is simply not like the life he’s loved and lived.” (Lang never saw Max again; the legendary concert promoter died of Non-Hodgkin’s lymphoma last January.)

Lissner, meanwhile, recently brought a defamation suit against Libra — a move Libra’s new filing alleges violates New York’s so-called anti-SLAPP law, which is meant to prevent the use of lawsuits brought to intimidate people from exercising their free speech and public petition rights. For her claims against Lissner, Libra is asking for damages in an amount to be determined at trial.

Libra says she is fighting the conservatorship system in order to have more access to her father, to be free to take him to a doctor and be more involved in his medical care. Libra and her brother, Adam, are already the co-heirs of his estate, and she insists that her quest to emancipate Max has nothing to do with money, although she does challenge the fees that Lissner has billed.

“I have been trying to free my father because of my love for him,” Libra tells Rolling Stone, “and because he has been subjected to such cruelty,” she adds, referring to his alleged isolation from family and friends.

Full Article and Source:
Pop-Art Icon Peter Max’s Daughter Files New Suit Calling His Guardianship ‘Inhumane’

Sunday, February 27, 2022

Guardianship Abuse Victim's Condition Deteriorates Following Court's Ruling

 Within hours of the court’s decision, Karilyn’s eldest daughter relocated her to a facility with limited physical therapy resulting in Karilyn's rapid decline.

To know that someone can become so hopeless due to their belief that the legal system has completely failed them is disheartening.”
— J. Ronald Denman - Attorney for Christine Montanti

NEW YORK, NY, UNITED STATES OF AMERICA, February 11, 2022 /EINPresswire.com/ -- After Broward County’s 17th District Court denied guardianship abuse victim Karlyn Montanti’s right to be heard at the Suggestion of Capacity hearing January 14th, 2022, her condition has severely worsened and deteriorated. The court denied Karilyn due process at the hearing: it rejected her request to appear in court and for a continuance due to her hospitalization after undergoing emergency hip surgery. The judge proceeded with the capacity hearing in Karilyn’s absence in a courtroom closed to the public and refused to allow questions of the court- appointed doctor. In addition, the court refused to hear from any witnesses, including other psychiatrists and doctors who were prepared to testify to her capacity. 

Within hours of the court’s finding of incapacity, Karilyn’s eldest daughter relocated her to a nursing home over an hour away from her residence and family members who live nearby. Following emergency hip surgery, Karilyn underwent a regimen of intensive physical therapy at JFK North Hospital 7 days a week, several times a day which is needed for someone with this type of injury. Since her eldest daughter selected a nursing home that only offers limited occupational and physical therapy in Lauderhill, instead of an intensive rehabilitation facility, Karilyn’s condition has rapidly declined.

Ms. Montanti ‘s younger daughter has been advised by several medical professionals at Karilyn’s present nursing home that this facility is inadequate to address her needs; she requires a facility that offers more intensive and frequent therapy. In addition, Karilyn’s daughter was also advised by Karilyn's treating doctor that with proper therapy, she should have been out of the rehab facility within two weeks.

Due to the lack of necessary physical therapy, Ms. Montanti’s condition has taken a turn for the worse. She is not receiving the level of rehabilitation she needs and is limited to therapy once a day a couple of days a week; this is far less than what is needed for any patient coming off major hip surgery. Because she is in tremendous pain and not mobile from the lack of required therapy, she has gotten severely depressed, tired and has lost her will to live.  She has requested a transfer to the hospital, but her requests are being ignored. Several appeals have already been filed by Chrisitine Montanti’s attorney J. Ronald Denman seeking a reversal of the judge’s prior order in this matter, but Ms. Montanti's family feels that Karilyn may be running out of time.

Full Press Release:
Guardianship Abuse Victim’s Condition Deteriorates Following Court’s Ruling