Showing posts with label Peter Max. Show all posts
Showing posts with label Peter Max. Show all posts

Sunday, September 20, 2026

Peter Max, psychedelic pop artist who epitomized flower power, dies aged 88

The US artist, whose swirly, colorful, instantly recognizable designs became hugely commercially successful, died on Monday

Max died on Monday, his son, Adam Max, said in a written statement on Wednesday. No cause was given.

“We will remember his extraordinary creativity, his warmth, his curiosity, and the way he saw beauty and possibility everywhere,” Adam Max wrote in the statement. “His art became part of American culture, but the man behind that art – the father we knew and loved – is the person we will miss most.”

Max began his career in graphic design in the 1960s and his swirly, colorful, instantly recognizable designs epitomized the era’s “flower power” art. But thanks to his prolific output and fun, accessible style, Max’s work remained well known and popular well into the 21st century.

He described his own work as “always on the side of the peaceful nature. I don’t discuss in my paintings negative things, I don’t dwell on it in my mind and don’t dwell on it in my canvasses.”

Max was the official artist for the Olympics, the Super Bowl, the Indianapolis 500, the World Cup, the World Series and many other events. His art appeared on a Boeing 777 airplane and a Norwegian Cruise Line ship. His portrait subjects ranged from US presidents to Taylor Swift.

But in his first flush of success in the late 1960s and early 1970s, his mural-like tableaus of flowers, the cosmos and cartoonish figures – all in vivid colors such as turquoise, orange and neon green – seemed to be everywhere. Dorm room walls were plastered with his posters. Household furnishings such as clocks and bedspreads sported his designs.

He even created covers for the Manhattan Yellow Pages, a business phone directory distributed to millions of people. Max himself was featured on the cover of Life magazine in 1969, his trademark dark, bushy mustache framing a hearty grin.

Peter Max among some of his creations in his New York studio in 1973. Photograph: Dave Pickoff/AP

Max was born Peter Max Finkelstein in 1937 to a Jewish family in Berlin. They fled Nazi Germany for Shanghai when he was a baby and later spent time in Tibet, Israel and Paris before settling in New York City when Max was 16. By then, he said in an interview, he was already “a huge fan of American culture”: comics, movies and “all the jazz music.”

By the 1960s, Max’s bold, unique style was a hit with ad agencies, publications, the corporate world and in pop culture, leading to a booming commercial business. “My work was really, I would say, almost exploited,” he said. “It was on mugs, it was on bedsheets, it was on dresses, it was on silks and scarves and ties – 70 product lines.”

Max shut the business down for a time in the early 1970s to reconnect with his art. One of his biggest projects after returning to public life was a series of portraits of the Statue of Liberty, painted at the White House at the invitation of first lady Nancy Reagan in 1981.

Peter Max in 2012. Photograph: Erik Pendzich/Shutterstock

Max weathered various controversies in his personal and professional life. He pleaded guilty to tax fraud in 1997 after the IRS alleged he concealed more than $1m in income from his art. He was originally sentenced to two months in prison but was allowed to serve the time in a work-release program, pay the back taxes and a $30,000 fine, and perform 800 hours of community service teaching art in Harlem schools.

In 2015, his family life became tabloid fodder in a back-and-forth between his second wife, Mary, and Adam, his son from a previous marriage. The son and a guardian alleged that Mary Max had depleted his finances and browbeat him. She in turn claimed that they had kept him from her against his will and stolen paintings that belonged to her. Mary Max died in 2019.

The art for the Beatles’ Yellow Submarine was sometimes mistakenly attributed to Max, but the design for the album cover and Yellow Submarine movie are officially credited to the late Heinz Edelmann. Max was friends with the Beatles and many other celebrities. He also had a deep interest in Eastern spiritualty, bringing “Swami” Satchidananda Saraswati to the US and helping him popularize yoga in the country.

Max’s first marriage to Elizabeth Nance ended in divorce. He is survived by Adam and his daughter, Libra.

Full Article & Source:
Peter Max, psychedelic pop artist who epitomized flower power, dies aged 88 

See Also:
Peter Max’s Daughter Can’t Revive Guardianship Talks Lawsuit (1)

Federal Judge Dismisses Libra Max’s Latest Lawsuit To End Guardianship of Her Father, Pop Artist Peter Max

Free Peter Max: a daughter’s fight to remove her dad from the clutches of ‘predatory’ guardianship

Peter Max’s daughter is leading smear campaign against guardian, lawsuit claims 

‘Kafka would blush’: artist Peter Max caught in legal guardianship lawsuit

Pop artist Peter Max’s court battles are a clash between children of Holocaust survivors 

Monday, January 29, 2024

Peter Max’s Daughter Can’t Revive Guardianship Talks Lawsuit (1)


by Holly Barker

Artist Peter Max’s daughter lost an appeal to revive her lawsuit against a top New York City judicial official over allegedly routine and one-sided private talks between judges and guardians in adversarial proceedings like those involving her father.

Libra Max lacks standing because her alleged injury isn’t fairly traceable to Deputy Chief Administrative Judge Deborah Kaplan’s alleged oversight failures, the US Court of Appeals for the Second Circuit said in a summary order Thursday.

Max has been fighting to remove her father’s court-appointed guardian for several years, alleging the guardian has been abusive and neglectful.

Disputes over Peter Max’s care and the family business revolving around his art have drained much of the artist’s money, as detailed in a Bloomberg Law series on the guardianship system in March 2023. That coverage prompted the guardianship court to impose a gag order barring the parties from discussing the case with the media.

Max sued Kaplan claiming the judge violated her Fourteenth Amendment due process rights by failing to prevent New York guardianship judges from engaging in ex parte communications with court-appointed guardians in contested proceedings.

But even assuming that those kinds of communications amount to an injury in fact, the injury can’t be traced to any act or omission by Kaplan, the court said.

To establish traceability, a plaintiff must show a causal connection between the alleged injury and the conduct complained of, the court said. The injury can’t be the result of independent action by a third party not before the court.

Max alleged that four different judges who have presided over her father’s highly contentious guardianship have engaged with one-sided conversations with his court-appointed representatives “pursuant to established court practice” and “consistent with guidance and instructions,” and that Kaplan has authority over those practices.

But her complaint alleged no facts showing that Kaplan “affirmatively established a court practice, policy, or custom, or promulgated any guidance, instruction or advice, permitting guardianship judges to engage in ex parte communications in adversarial proceedings,” the court said.

Without such allegations, “the complaint utterly fails to provide any basis for concluding that the state guardianship judges’ alleged practices are fairly traceable to anything Kaplan has actually done,” the court said.

Because Max claims that guardianship judges are disobeying constitutional and judicial rules barring ex parte communications, “we can only concluded that Max’s alleged injury is the result of each guardianship judge’s ‘independent action,’” the court said.

Judges Amalya L. Kearse, Gerard E. Lynch, and William J. Nardini decided the case.

Max is represented by Emery Celli Brinckerhoff & Abady LLP. Kaplan is represented by the New York State Office of the Attorney General.

The case is Max v. Kaplan, 2d Cir., No. 23-00201, summary order 1/25/24.

Full Article & Source:
Peter Max’s Daughter Can’t Revive Guardianship Talks Lawsuit (1)

See Also:
Federal Judge Dismisses Libra Max’s Latest Lawsuit To End Guardianship of Her Father, Pop Artist Peter Max

Free Peter Max: a daughter’s fight to remove her dad from the clutches of ‘predatory’ guardianship

Peter Max’s daughter is leading smear campaign against guardian, lawsuit claims 

‘Kafka would blush’: artist Peter Max caught in legal guardianship lawsuit

Pop artist Peter Max’s court battles are a clash between children of Holocaust survivors

Peter Max 

Friday, September 8, 2023

UNCONSTITUTIONAL: NEW YORK GUARDIANSHIP JUDGE "GAGS" PETER MAX'S DAUGHTER, LAWYERS, AND OTHERS - DENYING MEDIA ACCESS AND FORBIDDING COMMUNICATION WITH THE PUBLIC OR THE PRESS - IN EXTRAORDINARY COURT ORDER

News provided by


Emery Celli Brinckerhoff Abady Ward & Maazel LLP
07 Sep, 2023, 11:53 ET

 

Libra Max, Whistleblower and Advocate Against Guardianship Abuse, Represented by Civil Rights Law Firm Emery Celli Brinckerhoff Abady Ward & Maazel, LP, Faces Sanctions for Violating Order

September 8 Hearing in Manhattan

NEW YORK, Sept. 7, 2023 /PRNewswire/ -- Attorneys for Libra Max, the daughter of world famous artist Peter Max, today disclosed that their client has been silenced by New York State Supreme Court Justice Lisa A. Sokoloff (Index No. 500198/2015) under an extraordinary court order forbidding her from speaking publicly or to the press about her father's circumstances or releasing filings and transcripts of court proceedings from the case where she is challenging her father's guardianship. [The order was issued in the wake of a news report where the judge in the case was quoted; the judge objected that the quote lacked context and made it appear that she had spoken to the press in violation of the canon of judicial ethics.] 

The June 27, 2023 written "gag" order followed a similar April 10, 2023 ruling by Justice Sokoloff. Both have had the effect of forbidding Ms. Max from speaking freely about the New York State Court System's handling of her father's guardianship, as well as her attempts to shed light on alleged violations of the law, improper court proceedings, and the secrecy of guardianship courts in New York. 

"Gag orders like this one are extremely uncommon, and rarely lawful. They restrict freedom of speech—a core value in our constitutional system," said Ms. Max's attorney, Andrew G. Celli, Jr. of the law firm of Emery Celli Brinckerhoff Abady Ward & Maazel, LP, an expert in First Amendment and civil rights law. "This order meets none of the requirements for a constitutional gag order; it is unsupported by any of the necessary legal justifications, and it is so broad as to forbid speech of the highest constitutional value – speech critical of government. We believe it is flatly unconstitutional and we are challenging it at every level. In the meantime, however, the Court is threatening to sanction Ms. Max for exercising her free speech rights. This is un-American."

Ms. Max's involvement with the guardianship system began when she reported what she regarded as abuse within the system and spoke out against the guardianship imposed on her father, the artist Peter Max. An aggrieved daughter advocating for the end of her father's guardianship, Ms. Max has become a national advocate against exploitative guardianships and a whistleblower, exposing rampant abuses that have been committed at the behest of court-appointed guardians and their attorneys and ultimately with the blessing of local judges. 

Ms. Max has argued broadly that the culture of secrecy in New York's and other states' guardianship courts has resulted in denial of due process; and it has cost law-abiding citizens control over their finances, their property, their healthcare decisions, and even over whether they can see their own family.

The guardianship of Mr. Max has garnered the attention of media, lawmakers, and activists – largely due to the unyielding efforts of Ms. Max. But she points out that the issue is far larger than Peter Max's situation – about which she is now forbidden to speak.

Guardianship reform advocacy organizations identify a typical pattern of problematic guardianships: the person under guardianship is isolated, medicated, and his/her assets are liquidated. Ms. Max alleges her father's guardianship has followed the same course.

In the order, Justice Sokoloff points to news coverage of the Peter Max guardianship as stimulating her interest in the parties' statements to the press.

"While it may be uncomfortable for a court to have Libra Max criticize its actions, or for the press to scrutinize them, the law entitles Ms. Max to speak about how the judicial branch conducts itself, and it entitles the press to cover that. Ms. Max is entitled to speak about the lack of transparency in our court system, and how that is affecting her father in real time. And she is entitled to use her own family's experience to critique an area of law that has affected Americans of every stripe – from celebrities to ordinary elderly people swept into the system," said Mr. Celli, attorney for Ms. Max. "I have never before seen a court openly acknowledge that its order gagging the parties was stimulated by the fact that the judge did not like the way her remarks in court were reported in the press. It's extraordinary."

On September 8, 2023 at 12 noon at Courtroom 540, 60 Centre Street, New York, N.Y., Justice Sokoloff will be holding a hearing to determine whether Ms. Max will face sanctions and/or be held in contempt for violating the court's gag order. It is important that the media demand the transparency afforded to them in the United States Constitution by attending the hearing.

Read the gag order at: https://ecbawm.com/wp-content/uploads/2023/09/Redacted-Gag-Order-Peter-Max-Guardianship-Case.pdf

Source:
UNCONSTITUTIONAL: NEW YORK GUARDIANSHIP JUDGE "GAGS" PETER MAX'S DAUGHTER, LAWYERS, AND OTHERS - DENYING MEDIA ACCESS AND FORBIDDING COMMUNICATION WITH THE PUBLIC OR THE PRESS - IN EXTRAORDINARY COURT ORDER

Friday, March 24, 2023

Federal Judge Dismisses Libra Max’s Latest Lawsuit To End Guardianship of Her Father, Pop Artist Peter Max

by Daniel Cassady


For years, Pop artist extraordinaire Peter Max has been at the center of a Britney Spears-esque guardianship battle that has pit his daughter Libra Max against his court-appointed steward, Barbara Lissner.

That prolonged, dramatic court battle, fought in both state and federal courts, took a turn in Lissner’s favor earlier this month when U.S. District Judge Valerie Caproni of the Southern District of New York granted Lissner’s motion to dismiss Max’s suit, which claimed the guardian was intentionally inflicting emotional distress on the family, isolating Peter Max, and preying on his Alzheimer’s induced dementia for financial gain, racking up over $2 million in fees at around $550 per hour for her guardianship services.

In her complaint, Max claims Lissner should never have been assigned as her father’s guardian, and his need for a guardian ended with the death of his wife, Mary Max, née Balkin. Peter Max, who has Alzheimer’s disease, has had a court-appointed personal needs guardian since 2015. Mary Max committed suicide in 2019 shortly after a New York Times story detailed allegations that she was abusing her husband who was, according to the Times report, simultaneously being exploited by business associates. Lissner was appointed as Max’s guardian in 2019 after the departure of several other court-appointed guardians.

Libra Max, meanwhile, has alleged that Lissner’s care has been “inhumane and predatory.” In court documents, she has claimed Lissner immediately began isolating her father from his family and friends, making it difficult for them to visit and communicate with him. The complaint further alleges that Lissner refused to provide the artist with basic necessities such as dental care and fresh clothing, and that she was verbally abusive towards Max and his family members, and has often denied requests for visitation.

Lissner moved to dismiss the lawsuit under a lack of subject matter jurisdiction, as the guardianship is a state, not federal ruling. She further moved to dismiss on the grounds that Max has failed to state a claim.

“Because the adjudication of Plaintiff’s [intentional infliction of emotional distress] claim would essentially put this Court in the position of second-guessing the decisions of the guardianship court … the court lacks jurisdiction … ” Judge Caproni wrote in the decision on March 3.

Since 2019, Libra Max has unsuccessfully tried to have Lissner’s guardianship of Peter Max terminated three times in state courts, each time unsuccessfully, with allegations that mirror those in the federal complaint.

The federal court also acknowledged the unfortunate reality that the family members were unable to resolve their disagreements out of the public sphere and without court intervention.

“Prior to being filed, Ms. Max sent the complaint to the press, and she and her counsel continued a publicity campaign against Ms. Lissner. Today’s decision shows Ms. Max’s allegations for what they are, and hopefully puts an end, at least for the time being, to the unjustified, ongoing efforts against Ms. Lissner,” Oren Warshavsky, of the law firm BakerHostetler, which was representing Lissner, said in a statement.

Libra Max, and her brother, Adam, have spoken to or reached out to media outlets both against and in support of Lissner’s care, respectively, while Lissner has been fighting lawsuits since 2019. Adam has supported Lissner’s treatment of her father, claiming that Peter Max is in “excellent care. He’s never been treated better in his life.”

In a separate case, Adam Max has been accused of colluding with his father’s business associates, and increasing production of paintings via a throng of assistants. Those works are regularly sold through smaller auction houses and on cruise ships. That suit is not the only example of Adam Max being accused of harming his father. Before she committed suicide, Mary Max, Peter’s wife, accused Adam Max of kidnapping his father for financial gain.

Throughout the legal saga, the one person whom neither the media nor the courts have heard from is Peter Max, who, by all accounts, remains in his Upper East Side apartment in Manhattan under Lissner’s care and who, according to the New York Times, is unable to speak for himself.

Full Article & Source:
Federal Judge Dismisses Libra Max’s Latest Lawsuit To End Guardianship of Her Father, Pop Artist Peter Max

Thursday, March 16, 2023

In the Name of Protection, Part 4: The Lawyers: Peter Max’s Bare Ledgers Show Guardianships Drain Even the Rich

Illustration: Jonathan Hurtarte/Bloomberg Law. Photographer: Jim Vondruska/Bloomberg

by Ronnie Greene

Peter Max, who now has dementia, made millions creating psychedelic art that for a time put him on par with Andy Warhol as a ‘60s cultural icon.

Sara Abbott, who has a form of autism, gets by on $1,200 a month from Social Security disability and lives with her mother in a small house in southern Indiana.

Both are entangled in guardianships that were supposed to serve as salves but are instead mired in turmoil.

The similarities in their cases, despite deeply disparate lives, reveal the emotional and financial risks enshrouding guardianships. As Max’s memory faltered and his finances fell into disarray, he purportedly consented to having neutral guardians oversee his multimillion-dollar estate to achieve peace among his feuding family members. Abbott’s mother initiated a guardianship after a counselor suggested it.

Together their guardianships, which both began in 2016, highlight a simple truth found in a six-month Bloomberg Law investigation: It doesn’t matter how much money people have or how carefully loved ones watch over them; guardianships can evolve into costly quagmires where tussles over fees and control deter from the case’s core mission.

In New York, Max’s guardians and their lawyers have billed millions amid the family’s legal squabbles, suits, and countersuits. As a federal judge recently put it, it’s a “toxic situation.”

In Indiana, Abbott is pushing to terminate her guardianship after a tense journey. Her former guardian billed 91% of her total income during one eight-month period while questioning the family’s spending on everything from fixing the roof to buying a used car.

Across the US, guardianships are regulated in hodgepodge fashion, with different rules from state to state and no national requirements on who can become a guardian or how much they can earn. Adults in the system are protected by a flimsy regulatory safety net.

In any courtroom case, judicial oversight is vital to ensure legal costs don’t spiral out of control, said Jerome “Joe” Studer, a Chicago attorney who specializes in legal fee issues.

Studer said he was taken aback by Bloomberg Law’s findings on the fees in the two cases, particularly by the Indiana case in which the guardian billed nearly Abbott’s entire income. “The ratio strikes me as outrageous,” said Studer, founder of Legal Fee Analytics.

Max: Ceaseless Conflict

“Yeah, I understand,” was all it took for Max, 85, to enter into a guardianship that has done nothing to resolve the family’s feuds.

“You understand?” Judge Laura Visitacion-Lewis asked at the January 2016 hearing. She noted he was shaking his head to indicate he didn’t have any questions. With that, Max became a “Person In Need of a Guardian,” or PING, in court parlance.

Max, now in the advanced stages of Alzheimer’s, wasn’t formally adjudged to be incapacitated at the hearing, a ruling that could have negatively impacted the value of his art.

At the time, he was still painting and making public appearances.

Peter Max attends a 2014 event in New York City.
Photographer: Ben Gabbe/Getty Images for Gotham Magazine

His court-appointed counsel, Elizabeth Adinolfi, said he understood he needed assistance, “particularly in managing his finances,” and thought “it would be beneficial for him to have a neutral third party fulfilling that role,” court transcripts show.

The references to neutrality were a nod to the acrimony among Max’s family members over money, his art, and the family company ALP, Inc. “He loves his children very much. He loves his wife very much. And he does not want there to be any reason for the three of them to be in conflict,” Adinolfi said.

They hoped a neutral guardian could help “achieve some level of peace.”

More than six years later, conflict and litigation envelop the guardianship.

And it is costing Max a fortune.

Abbott: In the Dark

For Sara Abbott, 27, and her mother Diana Abbott, the legal morass began after a well-intentioned suggestion.

In 2016, a counselor recommended Diana put her daughter in a guardianship. She called the lawyer who handled her husband’s estate, and he agreed it made sense.

Sara Abbott wants to end her guardianship. “If I don’t, I’m going to lose my mom, my house, my life.”
Photographer: Jim Vondruska/Bloomberg

Diana was skeptical at first. “I said, Why do I need guardianship? I’m her mother.” But with two professionals suggesting that path, she became her daughter’s guardian that August.

A former stocker at a Dollar General store, Diana said she received no formal training. “I signed a paper, they pushed it through, and that was it.”

She failed to file biennial reports for 2018 and 2020 documenting her daughter’s financial affairs and well-being. Diana didn’t know, she said, she was supposed to file them. Washington Circuit Court Judge Larry W. Medlock removed her in 2021, questioning her oversight as guardian. He appointed a local lawyer, Lisa Fleming, as interim guardian, tasking her with documenting Sara’s spending and assessing her needs.

Thus began a contentious legal saga in which the temporary guardian’s fees would outpace Sara’s income.

Max: Fees on Fees

Max had paid about $1.8 million to his court-appointed lawyer, guardians, and their attorneys by the end of 2020, according to documents obtained by Bloomberg Law.

And that isn’t the half of it. Outstanding requests, either pending or approved, add more than $2 million, plus, conservatively, hundreds of thousands of dollars in accruing unpaid legal fees.

The guardianship order, filed in December 2016, revoked Max’s powers of attorney and health-care proxies, giving control of his finances and care to three court-appointed fiduciaries: a property guardian, Lawrence Flynn; a personal needs guardian, now Barbara Lissner; and his court-appointed lawyer, Adinolfi.

Flynn, who declined an interview request, is Max’s third property guardian, and he had two personal needs guardians before Lissner entered the picture in 2019.

The professionals have generated millions in expenses, either for their own services or for those of lawyers hired to litigate on Max’s behalf – often against his children over ownership of his art.

One pending fee request from Lissner, the personal needs guardian, is for her usual legal rate of $550 an hour. If approved by the court, it would total $598,664 for 13 months.

Libra Max, Peter’s daughter, has challenged that as “grossly excessive.” Lissner’s lawyer said she was unable to comment; the guardian has defended her billing in court filings.

Lissner doesn’t provide legal services to Max. Instead, her responsibilities are to attend to his personal needs and safety. Her time records describe over 1,000 hours of activities sometimes more akin to the services of a social worker or house manager.

One three minute entry reads “Guardian emails PING’s son that she hopes he is feeling better.” At Lissner’s proposed rate, that’s $27.50. Another entry for six-minutes reads “Guardian emails PING’s son to ask him if he visited his father the previous day and if he was able to fix the Netflix issue.” That’s $55.

The records also show that much of her time was spent managing inquiries from Libra and the daughter’s lawyers. Another attorney, hired by Max’s property guardian in the legal fight over his art, bills $650 an hour.

Lissner said in court filings she has yet to be paid. She isn’t alone.

As of May 2021, Max’s guardianship account had a balance below $5, according to an affidavit Flynn filed. Flynn said he had been forced to use some of his own money to pay for some of Max’s expenses.

Peter Max poses for a 1967 photo in New York. In 2022, a judge presiding over Max’s case visited Max and described his apartment as past its prime and said it’s “really unfortunate that such a formerly wealthy person is living like this.”
Photographer: Santi Visalli/Getty Images

Despite Max’s substantial estate – comprising more than $15 million in principal when Flynn took over in 2017 and more than $16 million in income from ALP over the same period – Flynn said Max was unable to meet his financial obligations.

Of the more than $16 million in income, more than $7 million went to cover back taxes, and roughly $893,000 went to a mortgage and apartment renovations.

The remainder of Max’s income has been spent trying to maintain the life the renowned artist had grown accustomed to with his late wife. Flynn said he needs at least $2.5 million a year for Max’s expenses but is receiving only a fraction of that.

The presiding judge has made clear the professionals will be paid.

“My first priority is to make sure that Peter is cared for in the best way possible,” Judge Lisa A. Sokoloff said during an April 22, 2022, hearing. “My second priority is to make sure all the attorneys who worked on this case get paid. It is astonishing to me that there are over $2 million in attorneys’ fees owed.”

Abbott: Questions and Fees

After the guardian was appointed to examine her case, Sara Abbott’s legal fees skyrocketed.

The temporary guardian, Fleming, quickly raised red flags with the judge about Diana’s use of Sara’s $1,168 monthly income, which was derived from Social Security Disability Insurance and Supplemental Social Security.

Eight days after Sara received one check with back pay in 2018, Fleming wrote, Diana bought a 2015 Ford Escape for $19,455, writing a check from her daughter’s account. “It is important to note that Sara does not drive, and the car is in Diana’s name only,” she wrote.

Fleming also noted in court filings that Diana put a new roof on their house, spending $4,500 from Sara’s account.

Diana Abbott said she received no training to become her daughter’s guardian.
Photographer: Jim Vondruska/Bloomberg

The accusation, mother and daughter say, is a fundamental misunderstanding of their situation: The money Diana spent was for her daughter’s benefit. Since Sara doesn’t drive, her mother provides all of her transportation. They have lived alone in the tidy family home in Salem since Sara’s father, Stephen, died in 2011.

“Sara says she was told the roof had to be replaced or she would lose her Homeowner’s Insurance,” wrote lawyer Amy Semones, representing Sara.

Said Sara: “How is that not for me? I need a roof over my head so I don’t get rained on.”

Fleming questioned other spending for electric, water and sewer, property taxes, and insurance.

“I believe there is a continued need for a guardian,” Fleming wrote the court on March 22, 2021. She said Sara needed help with medical, mental health, and social interaction needs and suggested Diana have “no access” to her daughter’s bank account.

Semones said their spending wasn’t frivolous. Sara “was consulted about and consented to all of the transactions” while her mom was guardian, the lawyer wrote.

And while Fleming was scrutinizing the roof and other spending, she was charging fees that resulted in half a day’s work totaling more than half of Sara’s monthly income.

On June 6, 2021, Fleming submitted an invoice for her guardian services for her first 3½ months. Her rate was $175 an hour. One bill was for $700 for 4 hours of work reviewing documents Diana provided her, which Fleming used to help form her March report.

In all, the total equated to more than $1,500 a month, more than Sara’s entire monthly income. A day after Fleming submitted her invoice, Judge Medlock approved it. Sara was on the hook for the bill.

The judge also questioned other spending and told Diana not to “spend money frivolously.” That September, the judge told Diana to reimburse Sara’s account $900 spent for Sara’s video games and another $600 on streaming services.

In all, Medlock ordered Diana to reimburse Sara’s account $11,720, including $3,000 for the roof and $6,485 for the car. He suggested she “consider the sale” of the family home.

Semones quickly pressed the judge about the close scrutiny of Sara’s spending that simultaneously threatened to deplete her account.

Semones called some of Fleming’s charges “unnecessary, duplicative and excessive,” particularly in light of Sara’s modest income. Fleming billed $175 for one hour spent copying records; Sara said she could make copies for 10 cents per page. “The invoice contains billable time for unnecessary travel in situations where a fax, phone call, email or internet search would suffice.”

In court papers, Fleming said her actions were “made in good faith on behalf of the protected person” and that she is “entitled to reasonable compensation.” After Semones questioned her fees, Fleming reanalyzed her bills – and increased the total by $52.50. The in-person meetings, she said, “were necessary.”

Fleming declined to discuss the case with Bloomberg Law. “I will not be talking with you about Sara Abbott,” she said.

All the while, the court denied Sara’s request for money for personal expenses. After Fleming took over, Diana, who had previously injured her back, said she was forced to return to work to “make ends meet.” Sara had to make written requests to the guardian for her bank statements and required permission to host a yard sale to raise money, wrote Semones, who was billing Abbott a reduced rate of $50 an hour while also seeking a nonprofit to represent her at no cost.

Max: Art and Lawsuits

Max was placed into a guardianship in part to prevent family infighting, but that original intention has been thwarted.

Generally speaking, “the more dysfunction in the family, the higher the costs of the guardianship,” said Katherine Pearson, a professor at Penn State Dickinson Law who specializes in policies related to aging. As disputes escalate, the legal costs spike.

Adinolfi, Max’s lawyer, said she couldn’t comment on the case. Speaking generally, she said guardianships can “be the best thing for a family” when they’re not contested. But when family dynamics are volatile, “it can drive a guardian’s time through the roof.”

Max founded ALP Inc., named for his children, Adam and Libra, and himself, in 2000. His children hold equal 40% shares. Max owns the remaining 20%, now controlled by Flynn, the property guardian.

In December 2019, Flynn’s lawyer sought to recover “all artworks produced by Peter,” along with the remainder of his “valuable intellectual property.”

Peter Max poses in New York City in 2012 with portraits he created of Paul McCartney. His family and guardians continue to spar over his estate.
Photographer: Timothy A. Clary/AFP via Getty Images

Flynn asserts that Max never intended for ALP – and in effect his children – to control all of his work while he was alive.

He claims Max had been suffering from dementia for two years, according to one of his doctors, when he supposedly transferred his intellectual property rights to ALP. In effect, Flynn is arguing that Max didn’t have the capacity in 2014 to transfer his intellectual property, even though he possessed the capacity in 2016 to enter into a guardianship.

Flynn has also said he has no choice but to aggressively pursue Max’s claim over the art, alleging that Libra began intentionally starving the guardianship in 2019 amid her legal wars with her father’s guardians.

Libra has authority to determine her father’s ALP income, and in court filings, has said she reduced his salary to $800,000 because the company has less cash on hand than normal.

Initially siding with Libra, Flynn voted to oust her brother Adam as president of ALP in late 2018 but by March 2020, Flynn had changed his mind. He accused Libra of misconduct and agreed to reinstate Adam as president, provided Adam agree not to contest the claim to his father’s art – or to oppose the guardians’ fee requests.

Adam’s attorney blamed Libra for much of the case’s chaos. “The plain reason that this matter appears to have spiraled out of control and incurred large requests for compensation by fiduciaries is directly correlated to the litigation that was instigated by Libra Max,” wrote Matthew S. Seidner.

Libra’s lawyer counters that the fees are the consequence of Max being “ripped from his family and loved ones at the end of his life.”

“Simply stated, if Peter was being cared for by his family, as is his wish, there would be no legal fees,” Clifford Meirowitz said. It “strains credulity,” he added, that he wanted “his life run by strangers.”

Libra has been seeking unsuccessfully since 2019 to have Lissner removed as her father’s personal needs guardian.

Their discord escalated in December 2021, when Lissner sued Libra for defamation in state court following an interview Libra gave on Fox 5 New York two months earlier criticizing the guardian.

So now, the court-appointed official watching over Max is formally at legal odds with his daughter.

Libra can see her father, but only when Lissner agrees, and is generally prohibited from accessing his medical information or speaking with his physicians.

And it has all been approved by the court. Adam has said he has no problems seeing his father and, in court filings, has supported Lissner’s care.

In April 2022, Sokoloff – the fifth judge to preside over Max’s case – told Lissner and Libra to be civil, or communicate through lawyers. “I don’t want to be called to find out that Libra isn’t leaving, because I will come over with the police, and you don’t want that.”

About a week later the judge visited Max. She described his apartment as past its prime and said it’s “really unfortunate that such a formerly wealthy person is living like this.”

“He talked to me a little bit,” the judge said. “He was drawing and painting with markers.”

Abbott: Seeking a Way Out

As she found herself deeper in the system, Abbott said she felt invisible.

“I was being treated like I was insignificant,” she said from her hometown 100 miles south of Indianapolis. “I have a big motivation to get out of this guardianship. If I don’t, I’m going to lose my mom, my house, my life.”

Her friction with the guardian was clear to Medlock, who “observed in Court the behavior of the ward and her mother towards Ms. Fleming to be disrespectful.” But on this, too, there are two sides to the story.

Abbott is a detail-oriented woman who keeps careful track of her schedule. After the judge appointed Fleming as her guardian, she took to taking notes during their meetings.

“She has not once listened to a word I have said,” she wrote of their first session in 2021.

“Fleming claims that her goal is to ‘help me save money and be frugal’ despite the fact that she is/will be charging me for not only these weekly meetings but also any interactions with her,” she wrote. “The fees for these meetings will more than likely deplete my account.”

As they continued to meet, Abbott said Fleming objected to her taking notes. “Fleming asked me to put binder down. I told her I am more comfortable with it out,” she wrote of their second meeting. “It is hypocritical of her to complain of me taking notes for my own records if she does the same.”

Abbott is now also working with Justin Schrock, an attorney with Indiana Disability Rights representing her at no cost in her bid to end the guardianship.

Schrock formally challenged Fleming’s bills. By October 2021, Fleming had billed $8,915.85 for eight months – or $1,114 a month, 91% of Abbott’s total income, then at $1,225.

Indiana Attorney Justin Schrock is representing Sara Abbott as she fights to be released from her guardianship.
Photographer: Jim Vondruska/Bloomberg

As Abbott awaits her day in court, her case has undergone major change. Last March, Fleming was replaced as guardian by Loren Pilcher, chief operations officer of a behavioral therapy company called Sweet Behavior, who supports Sara ending the guardianship.

In June, Judge Medlock recused himself from the case, citing its “conflict and animosity” in an interview. Medlock said he had concerns about some of the “suspect transfers,” prompting him to appoint Fleming. “I was asking for a different set of eyes,” he said.

Asked about the family’s view that the spending benefited Sara, Medlock acknowledged some second thoughts. “Yes, honestly, when I do look back at it I think they do have something of a point.” But he said the costs should have been split between mother and daughter. Medlock agrees Indiana guardians “absolutely” don’t get enough training.

He said Fleming “did a lot of work and gave me significant insights into how the funds were spent,” but admitted her bills “were extensive” and “some of the meetings with Sara weren’t necessary.”

In the end, Fleming waived about half of her $12,000 final bill and Abbott paid $2,600, Schrock said. The judge got the county to pay the balance.

“I thought it best to recuse,” Medlock said. “I wanted to be fair to everybody. I wasn’t sure I could be.”

He said he’s not convinced Abbott is ready to terminate the guardianship and felt it better for another judge to resolve that question. “I had strong opinions about it.”

If the new judge frees her from the guardianship, Abbott said, “I might faint on the spot.”

Along the way, Diana has witnessed a more confident daughter emerge. “Sara has gotten her voice through all this,” she said.

Sara said she is ready to use that voice.

“Fight back,” she said. “Prove you’re functional. Don’t let people treat you like you’re lesser because you’re different.”

Full Article & Source:
Peter Max’s Bare Ledgers Show Guardianships Drain Even the Rich

See Also:
Guardians' Dark Side: Lax Rules Open the Vulnerable to Abuse

Judge’s Errors, Jail Threats Haunt Georgia Family’s Guardianship

420 Cases, One Guardian: System Runs Amok on Just $35 a Month

Thursday, February 16, 2023

NY Judge Beats Suit Over Guardian Talks in Peter Max Case (1)

Artist Peter Max attends Gotham Magazine Celebrates its Summer Issue with Peter Max and The Humane Society of the United States at Loews Regency Hotel on June 25, 2014 in New York City.
Photographer: Ben Gabbe/Getty Images for Gotham Magazine

by Holly Barker

The Deputy Chief Administrative Judge for New York City Courts has won dismissal of a lawsuit alleging that she allowed judges presiding over artist Peter Max’s guardianship to engage in ex parte communications with court-appointed fiduciaries and counsel in the highly-contested proceedings.

The claim didn’t belong in federal court, and plaintiff Libra Max, Peter Max’s daughter, lacks standing, the US District Court for the Southern District of New York said Monday.

“Max does not have standing to bring the claims because any injury she has suffered is not fairly traceable to the conduct of the defendant and is not likely to be redressed by a favorable decision.”

Max sued Judge Deborah Kaplan in her official capacity, rather than the four judges who she claims engaged in the one-sided, out-of-court communications in her father’s case, because “they enjoy judicial immunity,” and because her challenge was to the guardianship’s policies and practices more broadly.

But “given that the four Guardianship Court judges have allegedly engaged in substantive ex parte communications that are against the law, it is speculative whether any policy issued by Kaplan would redress the plaintiff’s injury,” the court said.

Even if Libra Max did have standing, Southern District of New York Judge Denise L. Cote said it wouldn’t be appropriate for a federal court to weigh in under principles of abstention.

Max’s lawsuit asked the court to require Kaplan to issue a policy prohibiting ex parte communications between judges and guardians in contested matters. But “such an injunction would be an impermissible intrusion into state guardianship proceedings,” which is an area that is considered to be of “particular state interest,” Cote said.

After granting Kaplan’s motion to dismiss, Cote directed the clerk to close the case.

“No one has denied these secret conversations routinely occur among guardianship judges. The federal court sidestepped the important constitutional issues at play to dismiss the case but did not bless this ongoing practice of secret communications,” said Libra Max’s attorney Andrew Celli, partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP.

“We are appealing and look forward to working to lift the shroud of secrecy over the guardianship system,” he said.

Emery Celli Brinckerhoff Abady Ward & Maazel LLP and Jonathan G. Martinis in Stafford, Va. Kaplan is represented by the New York State Office of Attorney General.

The case is Max v. Kaplan, S.D.N.Y., No. 1:22-cv-06156, 2/13/23.

(Updates with comment from Libra Max's counsel in paragraphs 9 and 10)

Full Article & Source:
NY Judge Beats Suit Over Guardian Talks in Peter Max Case (1)

Wednesday, July 27, 2022

DAUGHTER OF ICONIC ARTIST PETER MAX FILES LANDMARK FEDERAL LAWSUIT AGAINST NY COURT FOR CONSTITUTIONAL VIOLATIONS IN THE GUARDIANSHIP SYSTEM

News provided by
FreePeterMax.com
Jul 26, 2022, 08:00 ET
 

Multiple Judges' Secret Talks Have Deprived Libra Max of Her Ability to Fairly Advocate for Her Father's Freedom, Lawsuit Claims

NEW YORK, July 26, 2022 /PRNewswire/ -- Libra Max, daughter of the 84-year-old ailing pop artist and beloved New Yorker, Peter Max, filed an unprecedented lawsuit in the Southern District of New York against Deborah Kaplan, Deputy Chief Administrative Judge for the New York City Courts, who oversees the New York guardianship court. Libra Max has sued for violations of her constitutional right to a fair trial under the Due Process Clause of the United States Constitution.

Libra Max, alongside many of Peter's family and loved ones, has been fighting for three years to free her father from his forced isolation under the control of a financially-motivated court-appointed guardian, who is a stranger to the Max family.

"Our lawsuit lays out that four of the five judges involved in Peter Max's case have engaged in unlawful secret communications—which has prevented Libra from fairly advocating for her father's freedom," said Libra's attorney Andrew Celli, partner at Emery Celli Brinckerhoff Abady Ward & Maazel LLP.

The evidence in this case shows that at least one of the judges pre-determined the outcome of the case in a three-hour secret conversation—behind closed doors—before the case was heard in court, the lawsuit alleges.

As stated in the complaint, available here: "As guardianship judges have stated that such ex parte communications are standard operating procedure in that court, they represent a corruption of the entire process, as guardians who are focused on maintaining their lucrative positions and the favor of the court are permitted to submit secret evidence behind closed doors and unfairly bias the judge against an adversary—in this case, the ward's only daughter."

"This case is so critical because the constitutional right at stake is so basic: to hear and respond to all of the evidence that your adversary presents to the court," said Celli.  "This is the bedrock of our justice system and it ensures fairness. This emblematic case is the first of its kind but it won't be the last. The shroud of secrecy over the guardianship system must be lifted."  

There is a well-chronicled pattern of abuse in guardianships, which are currently under nationwide scrutiny. 

Thousands of Peter Max's supporters, including family, friends, victim's advocates, and lawmakers, have signed their support for Peter at FreePeterMax.com.

Libra Max and her attorneys, Andrew Celli and Jonathan Martinis, are available for interviews. 

SOURCE FreePeterMax.com

Full Article & Source:

Saturday, July 23, 2022

Artist Peter Max’s Daughter Sues N.Y. Judge Over Guardian Talks

Pop artist Peter Max poses in his New York studio on June 18, 2012 with seven portraits he created of Sir Paul McCartney to commemorate McCartney's 70th birthday.
TIMOTHY A. CLARY/AFP via Getty Images

 by Holly Barker

COURT: S.D.N.Y
TRACK DOCKET:1:22-cv-06156

Artist Peter Max’s daughter, Libra Max, has filed a lawsuit against Deborah Kaplan, Deputy Chief Administrative Judge for the New York City Courts, alleging systemic due process violations in the city’s guardianship courts.

The complaint, filed in the U.S. District Court for the Southern District of New York on Wednesday, claims state court judges routinely meet ex parte, or privately, with court-appointed guardians to discuss matters before them—even where the disputes concern adversarial petitions to remove the guardian.

Kaplan is named as a defendant in her official capacity.

The German-born Max, now 84 and suffering from dementia, has been in a guardianship since 2015. His bright, often psychedelic art, made him a 1960s pop culture icon.

Libra Max says that all of the judges presiding over her father’s guardianship have defended ex parte meetings with guardians as permissible, with one judge allegedly referring to ex parte meetings as a “right of the guardianship judge.”

The lawsuit acknowledges that ex parte communications are sometimes allowed, where, for example, the communications are made for scheduling or administrative purposes, but argues that the ex parte communications in Peter Max’s case have been substantive and prejudicial.

Consequently, his daughter claims, she has been deprived of “her ability to fairly advocate for her father’s freedom.”

Libra Max has been trying since 2019 to have her father’s personal needs guardian removed. After Max spoke publicly with media outlets about alleged abuse of her father, the guardian sued her for defamation.

‘Hotly Contested Matters’

Max says she is aware of at least four separate incidents where one of her father’s court-appointed guardians, either directly or through counsel, had ex parte communications on “hotly contested matters.”

One of the alleged ex parte meetings with the guardian occurred immediately prior to a hearing that would address Libra Max’s petition to remove the guardian.

According to Max, the guardian’s has a corresponding three-hour billing entry that referencing the conference with the judge, which states “Court will issue an Order to support Guardian.”

And the court did “support the guardian” in the matter, Max claims, by issuing an order declaring Libra Max’s petition to remove the guardian as moot, based on her father’s court-appointed counsel’s representation that he wasn’t seeking to terminate the guardianship.

Causes of Action: 18 USC §1983, alleging violations of the due process under the The Fourteenth Amendment

Relief: Injunctive relief requiring Kaplan, in her official capacity, to “take such steps to ensure that litigants and judges in the guardianship part in Supreme Court, New York County do not engage in a pattern or practice of unconstitutional ex parte communications;" attorneys’ fees.

Response: Judge Kaplan’s office did not immediately respond to Bloomberg Law’s request for comment.

Attorneys: Emery Celli Brinckerhoff Abady Ward & Maazel LLP and Jonathan Gerald Martinis LLC.

The case is Max v. Kaplan, S.D.N.Y., No 1:22-cv-06156, complaint 7/21/22.

Full Article & Source:

Thursday, July 21, 2022

‘Kafka would blush’: artist Peter Max caught in legal guardianship lawsuit

by Ed Pilkington

The daughter of the celebrated artist is suing the New York courts over claims that he is being mistreated in a case that could affect the entire system

The daughter of celebrated pop artist Peter Max, seen here in 2017, is suing the New York court system. Photograph: Julie Jacobson/AP

The daughter of a celebrated pop artist who created famous images of the “cosmic sixties” is suing the New York court system over what she claims are secretive communications between her father’s court-appointed guardian and judges that drastically affect his life and violate her basic rights.

Libra Max lodged a federal lawsuit on Wednesday in which she alleges that her father, Peter Max, 84, is being held in virtual isolation by a court-appointed guardian. She claims multiple judges have allowed the guardian to communicate with them behind closed doors, without the family’s knowledge, leading to one-sided decisions that profoundly affect his life and that constitute a gross distortion of justice.

The lawsuit says “Kafka would blush” were he to review the case.

“This case is about the denial of one of the most fundamental federal rights in the American justice system – to hear and respond to all evidence your adversary presents to the court.”

The multi-millionaire artist, best known for his psychedelic posters from the 1960s and 70s, still lives in the family home and art studio in Manhattan’s Upper West Side. He has been under a court-appointed guardianship since 2015, having suffered from Alzheimer’s and advanced dementia for many years.

He is in failing health, by some accounts approaching the end of his life.

The terms under which Max is being kept a ward of court have become the subject of intense disputes, between the guardian and individual members of the Max family, as well as between Libra Max and her brother Adam Max. For the past three years, Libra Max has been attempting to persuade the courts to set her father free of the guardianship on grounds that the court-appointed lawyer who controls his personal affairs, Barbara Lissner, has allegedly cut him off from his loved ones.

A portrait of Peter Max, an elderly man with gray hair and a mustache, at a gala in 2014.
Peter Max has been under a court-appointed guardianship since 2015. Photograph: 
Erik Pendzich/Shutterstock

The lawsuit, lodged with the civil division of the southern district of New York, claims Lissner tightly restricts visits to Max from family and friends including Libra, who is only able to visit her father – in the home in which she was born and raised – on very proscribed terms. It also alleges the guardian refuses to disclose to the family the artist’s medical condition or even the identity of the doctors treating him, and has installed video cameras in his apartment as a form of surveillance.

In the latest twist, Libra Max claims judges in the New York court system are effectively in cahoots with Lissner. The defendant in the case is Deborah Kaplan, the administrative judge responsible for the section of the New York supreme court that covers guardianships in Manhattan.

It says Kaplan has presided over an arrangement that has allowed judges sitting in guardianship courts to communicate directly with Lissner in total secrecy. Libra Max says she knew nothing about the exchanges, and as a result had no way to correct the record or respond to allegations raised against her.

Such secretive communications have left Libra Max legally “blindfolded and thus blindsided”, the lawsuit says, “robbed her of her ability to fairly advocate for her father’s freedom … and ultimately robbed Peter of precious years with his loved ones”.

The exclusion from court proceedings of one party to a dispute is known in legal parlance as ex parte communications, which are normally strictly forbidden. Such one-sided contact appears to be almost routine practice for guardianship judges in New York, a state of affairs Wednesday’s lawsuit now challenges.

“This case is so critical because the constitutional right at stake is so basic: to hear and respond to all of the evidence that your adversary presents to the court,” said Andrew Celli, of the law firm Emery Celli Brinckerhoff Abady Ward & Maazel, the lead attorney in the case.

Celli added: “This is the bedrock of our justice system and it ensures fairness. This emblematic case is the first of its kind but it won’t be the last. The shroud of secrecy over the guardianship system must be lifted.”

Libra Max and Peter Max in 2019.
Photograph: The Max family
Neither Lissner nor the office of court administration that oversees New York’s guardianship courts immediately responded to a request for a comment on the lawsuit. Lissner, Max’s guardian since 2019, has denied the allegations and is suing Libra Max for defamation.

In the defamation suit, Lissner rebuts the claims made against her and says: “Mr Max has never been isolated from friends and loved ones; requests to see Peter Max by friends and loved ones are always accommodated.”

The legal battles now engulfing Max form a bitter end to a life as colourful as the artist’s creations. The New York Times has written that his posters “became wallpaper for the turn on, tune in, drop out generation”.

He was born Peter Max Finkelstein in 1937 in Berlin, to German Jewish parents. He grew up in Shanghai, Haifa and Paris before moving to Brooklyn at 16.

His work took off with a famous poster collection that he labelled Cosmic ’60s. He became a figure in the counterculture, designing leaflets for “Be In” hippie gatherings in Central Park.

Success in the counterculture gained him attention in the mainstream culture. Appearances on The Ed Sullivan Show, in which he drew live in front of the camera, and album covers for bands including Yes followed.

In 1974 he designed a US postage stamp that is credited as one of the first environmentalist stamps. Its message: “Preserve the environment.” His pop art images gained an increasingly commercial following, with one of his main sources of income becoming auctions on sea cruises.

The Norwegian Cruise Line commissioned him to paint the hull of one its ships in his trademark brilliant colours. In 1969, Life Magazine put him on its front cover with the headline: Peter Max: portrait of the artist as a very rich man.

Max’s estate by some estimates continues to be worth hundreds of millions of dollars. His financial affairs are now also in the control of court-appointed guardians.

Peter Max
Peter Max Photograph: The Max family

As the legal fight over Peter Max’s life reaches fever pitch, it forms part of growing concern across the US about how older people and people in vulnerable physical or mental health are being trapped in allegedly overbearing and abusive guardianship programmes. Public attention was drawn to the problem by the singer Britney Spears, who was held in what she claimed was an “abusive conservatorship” for 14 years until it was dissolved last year.

There are about 1.3 million adults under the care of guardians who in many cases have great power, including control over access by family and friends, medical treatment, and financial affairs, with guardians collectively managing about $50bn of assets.

Keeping track of the programmes is virtually impossible as they are regulated by the 50 states, many of which do not keep public data. A 2017 study by the American Bar Association found that “an unknown number of adults languish under guardianship beyond the point of need … Adult guardianship is generally viewed as permanent. With the stroke of a judge’s pen, rights are lost and are seldom regained over an individual’s remaining lifetime.”

A report from the US Government Accountability Office identified hundreds of allegations of “physical abuse, neglect and financial exploitation by guardians” in 45 states between 1990 and 2010.

The Peter Max lawsuit chronicles what it claims were improper ex parte communications between Lissner and four unidentified New York judges in the past three years. It notes that Lissner obtained an ethics opinion from a specialist, regarding whether her decision personally to sue Libra Max for defamation amounted to a conflict of interest.

The conclusions reached by the ethics specialist are unknown, as the opinion has not been disclosed to the Max family.

Full Article & Source: