by: Vanessa Murphy
LAS VEGAS (KLAS) – A Las Vegas family is pushing for their loved one’s Ohio-based guardianship to be terminated. Theresa Ferguson, 91, is a ward in a guardianship, meaning a court-appointed guardian is in control of her body and estate, in Ohio.
Ferguson, who suffers from dementia, has expressed she wants to remain in Las Vegas with her daughter, Carrie Meyer.
“Your family is all you got,” Ferguson told the 8 News Now Investigators. “You got family, you got everything.”
The
family’s fight received nationwide attention after Meyer posted videos
on social media. Ferguson, who was a patient at Summerlin Hospital in
January, wanted to leave with Carrie Meyer when she was discharged. The
video shows hospital staff refusing to let Ferguson leave, with one
individual referring to the guardian.
Summerlin Hospital appeared to be caught in the middle while following the Ohio court order.
The 8 News Now Investigators reached out to the hospital during the family’s fight.
“Due
to federal patient privacy laws, we cannot comment on specific
patients,” spokesperson Gretchen Papez wrote in an email. “However, it
is not our policy to refuse to let patients leave. There are times,
though, when we are legally obligated to not allow patients to leave the
hospital. They could be incarcerated at the time of their
hospitalization; a danger to themselves or others; unable to care for
themselves; or be involved in a guardianship issue.”
The day after the 8 News Now Investigators reached out, Carrie Meyer said Ferguson was allowed to leave the hospital.
“The
guardianship has been a very, very challenging thing in our life,”
Carrie Meyer told the 8 News Now Investigators, citing a family conflict
as the reason why it began.
“Disagreement in family members.
That’s usually how it stems, a lot of times money,” she said. “My mom
wasn’t extremely wealthy but she did have some money so the root of it
is money, to be honest.”
In addition to Ferguson’s money being
controlled, she was placed in an assisted living facility, where
according to Carrie Meyer and her daughter, Chloe, communication was
limited.
“She doesn’t want to be in a home,” Carrie Meyer said.
The Meyers said they brought Ferguson to Las Vegas, which they knew was a risk.
“We
were at the facility with her and she asked to be rescued and that’s
what we did. We rescued her,” Chloe Meyer told the 8 News Now
Investigators. “We flew her to a safe haven, my mom’s house and she is
completely capable of having her voice heard and expressing her wishes,
and it’s been a battle, but we’re now to the point where she is here
with us and it’s amazing.”
The Meyers said they believe the
guardianship is draining Ferguson’s funds. Court records refer to social
security and two pensions Ferguson receives. In addition to expenses
like the facility, the guardian, who is an attorney, bills for fees.
“It’s all about the money, God damn money,” Ferguson said.
“She
feeds herself. She bathes herself,” Carrie Meyer told the 8 News Now
Investigators. “At 91, a little bit of dementia shouldn’t keep your
family from living where they want to live. It’s her life.”
There
are options for individuals like Ferguson that are not as extreme as
guardianships, according to Debra Bookout, the directing attorney for
the Guardianship Advocacy Project at Legal Aid Center of Southern
Nevada.
“Think about not being able to make your own decisions. That’s a pretty big loss,” Bookout said.
Estate
planning documents are vital, according to Bookout. A judge can honor
an individual’s wishes, which could help prevent a family conflict
regarding the individual’s care and finances.
“A happy middle
ground would be we recognize you are declining, loved one, and you have
wishes that should be honored, maybe an estate planning consult with an
estate planning attorney is a great idea at this point,” Bookout said.
The
state of Nevada strengthened its oversight of guardianships after
systemic issues were discovered. In some cases, individuals were
criminally charged.
The state now requires representation for wards. In Clark County, Bookout and her team represent the wards.
“We appear in court on behalf of that person and advocate for their wishes,” Bookout said.
The Meyers are asking an Ohio court to terminate Ferguson’s guardianship.
The
guardian, attorney Justine Winger, filed a motion to withdraw as the
guardian of Ferguson as a person, stating Ferguson’s family is making it
difficult for her to do her job.
Winger also agrees to remain
guardian of Ferguson’s estate “until another suitable person applies and
is appointed as such in either Ohio (where the ward’s assets lie) or
Nevada (where the ward is currently being housed),” according to the
motion.
The 8 News Now Investigators’ attempts to reach Winger were unsuccessful.
A hearing on the matter is scheduled for March 20.
Full Article & Source:
‘It’s all about the money,’ Las Vegas family fights Ohio guardianship
