Former Army Ranger claims forced guardianship

WASHINGTON, August 19, 2016 – A former Army Ranger says he was forced into guardianship by his overbearing parents, assisted by the Veterans Administration, despite being mentally fit and able to care for himself.

Martin Patterson,  37, was an Army Ranger from 1998 to 2005. He was struck by lightning in 2004, but recovered and completed a tour of duty in Afghanistan in 2005.

His parents, Gail and Roger Patterson, believe the accident left him mentally unable to care for himself.

After his divorce in 2011, Patterson moved back to Erie, Pennsylvania, where his parents live. His mother, an employee the Erie VA Medical Center, then petitioned to have Patterson deemed incompetent and put into guardianship.

Guardianship is a legal process whereby persons deemed mentally unfit to take care of themselves have legal guardians take care of them.

An initial report done by the VA found Patterson to be competent.

However, his parents were not deterred. Gail Patterson continued her efforts and reached out to the VA fiduciary Hub, the agency within the VA that handles guardianship matters.

The VA Fiduciary Hub In Indianapolis, which handled Patterson’s case,  dismissed concerns that Gail Patterson’s employment with the VA created a conflict of interest, stating, “The Indianapolis Fiduciary Hub has no need to know where Mrs. Patterson works.”

 The Erie VA Medical Center issued this statement: “The health and well being of our veterans is our number one priority. We take these issues very seriously and we will continue to follow up with the veteran directly to address his concerns. Out of respect for patient privacy, we are not able to get into specifics of the case.”

There are others who believe Gail Patterson’s employment did create a conflict.

Kristen Davis is a veteran herself and a friend of Patterson’s told CDN that Patterson’s mother’s role at the Erie VAMC was critical in creating a conflict of interest. She said, “Martin Patterson was deemed incompetent by VA Field Examiner Carla Amendola in March 2011 at the request of Gail Patterson. They are coworkers and have a personal history. The VA Fiduciary Hub was aware Gail Patterson is an Erie VAMC employee, as evidenced by her own email communication about the investigation into Martin’s VA funds being misused by Laura Eaton. Laura Eaton was recommended by Carla Amendola as a VA Fiduciary.”

A fiduciary Hub appointed Laura Eaton, who runs a local nonprofit, to be Patterson’s VA fiduciary.

Eaton is no stranger to controversy; in 2011 she was indicted for theft,though the charges were eventually dropped.

Eaton did not respond to a voicemail request for comment.

On April 12, 2012, a temporary status conference was held in front of Erie County Pleas Judge Stephanie Dimotrovich.

Judge Dimotrovich, after hearing the pleas of Patterson’s parents and Eaton, placed Patterson in temporary guardianship, and Eaton was assigned to be his guardian.

Judge Dimotrovich did not respond to a call at her chambers for comment.
Patterson has remained in guardianship even though the VA has found him competent. Here’s part of a letter to his mother, “On October 20, 2014, a letter went out stating that your son, Martin J Patterson was found by our Behavioral Health Clinic to have decision making capability.”

Throughout the process, Patterson’s parents have argued that their son is not able to make “life decisions” because of damage from the lightning strike. However, neither Patterson’s parents nor Eaton has any expertise in brain injuries. They have never called a neurologist to testify regarding the case.

Patterson said that though he technically maintains his freedom, effectively he’s at the mercy of his guardian.

“Anything which needs a signature needs her approval,” Patterson said.

He said he can’t get his own apartment because his monthly allowance Is too small, and he can’t get work since no one will hire someone deemed incapacitated.

Patterson currently lives in a house on his parents’ property.

In a statement, the Indianapolis Fiduciary Hub suggested this was all for Patterson’s benefit, “VA has the honor of providing a broad range of benefits to eligible Veterans, and has a statutory requirement to protect the VA funds of Veterans who due to Injury or disease are unable to manage their financial affairs.”

Rather than managing his finances, Patterson said, the VA has stood by while nearly $100,000 of his funds was misused by his parents, ex-wife and Eaton.

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Former Army Ranger claims forced guardianship

From Headache to Hostage: Elderly Black Woman Forced into Guardianship and Home Being Taken After Complaining of a Simple Headache

Ms. Doris Davis, 87, has lived in her southeast Houston home since she had it built in 1959. In speaking with the Forward Times (FT), Ms. Davis shared her stories about her upbringing in Houston. She was one of the founding members of Pisidia Missionary Baptist Church when it started in 1972. For over 37 years, she worked her way up from housekeeping all the way to becoming a licensed Vocational Nurse (LVN) at Jefferson Davis Hospital.

Ms. Davis knows a thing or two about medicine and about working in a hospital, which is why she called her primary doctor when she felt something strange going on with her health.

According to Ms. Davis, her church mission had gone to a home where she had just taught a Bible lesson when all of a sudden her head began to hurt really badly. Ms. Davis states that she called her Primary Care Physician, Dr. Sandra Scurria, and told her that she was not feeling well and that her head was hurting, to which Ms. Davis states that Dr. Scurria told her that she would call an ambulance to take her to Park Plaza Hospital. Ms. Davis says she never made it to Park Plaza, but was instead taken to Memorial Hermann Hospital, and didn’t know why. Ms. Davis doesn’t remember much of what happened at Memorial Hermann, but states that one day she woke up and was no longer there. This time, she found herself at Garden Terrace Alzheimer’s Center of Excellence in Houston on May 6, 2014, and had no idea why she was there either.

Because she was regularly given drugs and heavily sedated the majority of the time, Ms. Davis vaguely remembers how she got to Garden Terrace, which on their website prides itself as a premier Alzheimer’s and dementia-focused nursing home in Houston; but she says it has nothing to do with her suffering from Alzheimer’s or dementia. Her recollection of that day’s events and past events were as crystal clear as if they had happened a few minutes prior. Ms. Davis does, however, remembering the frustration she had with the staff who she says refused to allow her to call her family or her pastor. She kept a book with important phone numbers in it, including her pastor, but states she was denied use of the phone and no staff members would make any calls for her. She felt like a prisoner and was terrified, she recollects.

“No one knew where I was and how to come visit me,” said Ms. Davis. “All I can remember is one day an elderly tall lady with blonde or gray hair came in to check on me and I was so happy she did because she told me I could call my pastor, so I did.”

Ms. Davis states that she was given medication by needle on several occasions, as soon as she asked the hospital staff to call her family or her pastor, and that she was knocked out after receiving every shot. This happened for about 2-3 days, she recollects. After a few weeks at Garden Terrace, Ms. Davis was then moved to La Hacienda Nursing Home on West Orem, where she currently resides.

It was during this entire time that Ms. Davis’ nightmare became even darker.

Monica D. Shaw has served as the president of the Bayou Terrace Civic Club for over ten years. She has had the responsibility of looking out for the interests and protection of all residents in her community over that period, especially the most vulnerable – the elderly.

On May 10, 2015, Shaw went to visit Ms. Davis and deliver her some Mother’s Day flowers when she received some disturbing information involving Ms. Davis’ situation which forced her to jump into action on behalf of this senior citizen. Shaw has been aggressively seeking to stop the actions that have displaced Ms. Davis from her home; allowed her money to be spent and made her an unwilling “ward” of state through the Harris County Guardianship Program (HCGP).

According to Shaw, Ms. Davis had been forcefully removed from her southeast Houston home, and legally ordered into the HCGP by a judge. She contends that not only has Ms. Davis been taken from her home against her will, her house has been placed on the market and is in the process of being sold as part of a cash sale orchestrated by the HCGP. Shaw has been on a mission to find out how this elderly 87-year old African American female could feasibly be in this situation when she has all of her wits about her and is still able to walk and care for herself.

People are generally referred for Guardianship services by Adult Protective Services, physicians, hospitals, family members or friends. According to Shaw, it was Dr. Chris Merkl, a known Psychiatrist, who initiated a Guardianship referral request on May 16, 2014 for Ms. Davis to be placed in the HCGP. Another doctor is listed as having seen Ms. Davis, but he did not complete the referral. Interestingly, Dr. Merkl is also an “Appointed Doctor” in Probate Court #1 for the same HCGP that he made the referral concerning Ms. Davis to. Dr. Merkl has also been mentioned in an article from April 2015, called “Guardianship in Texas Qualifies the Disqualified and Disqualifies the Qualified,” written by Attorney Candice Schwager that appeared on Examiner.com, where she talks about the issues she witnessed surrounding the Guardianship process here in Texas and specifically highlights Dr. Merkl’s role in certain cases.

The FT reached out to Dr. Merkl to find out more about his initial assessment of Ms. Davis and his recommendation she be placed in the HCGP, but was unable to reach him or hear back from him after leaving a message with his office prior to this story going to print.

Because these doctors are deemed credible professionals, it is not uncommon for a judge to accept a referral from them and move forward with their recommendation. Such was the case involving Ms. Davis, as she was placed in the HCGP and her case has been handled by Judge Mike Wood in Probate Court #2. Ms. Davis was deemed Incapacitated in July 2014 and a Guardianship (Person/Estate) was established with the HCGP. Upon entering the HCGP, the process of liquidating all of Ms. Davis’ assets began and several of her accounts were closed at different respective banks, and a single new account was opened in her name under the HCGP.

On July 29, 2014, the court ordered that Attorney Chris Forbes be appointed Guardian Ad Litem.

The FT did speak with Judge Wood, who indicated that the case was still pending and that he was not at liberty to speak on the status of pending cases or could not discuss any medical and other health information with us due to HIPAA (Health Insurance Portability and Accountability Act) laws which keeps that information private and protected.

Going even further, Attorney Valerie Milholland, Asst. County Attorney for the Office of Harris County Attorney Vince Ryan, went before the judge and insisted that Ms. Davis’ house be sold, along with its contents, in order to take care of Guardianship expenses and her personal needs.

To date, Ms. Davis states the HCGP has not spent a dime on her, with the exception of paying some select Guardianship expenses, legal expenses and nursing home expenses. According to court records, thousands of dollars have been expended and several thousand dollars are consistently being spent from funds of her estate every month. Per Shaw, the following funds have been ordered to be distributed from her estate to date:

05-19-2015 Ordered to pay Attorney Chris Forbes $1245.00
06-08-2015 Ordered HCGP to Expend $5422.00 per month
10-22-2015 Ordered HCGP to Expend $3715.00
10-22-2015 Ordered HCGP to Expend $6592.00 per month

The FT reached out to Attorney Milholland and spoke to a representative from the Harris County Attorney’s Office to get more information on the status of Ms. Davis’ home and why she was placed in the HCGP, but did not hear back from them prior to this story going to print.

When the order was given to allow HCGP to spend that amount of money from the estate, Monica Shaw knew she had to do something more, so she had an application to Appoint Successor Guardian filed by Attorney Andrew McGee on her behalf. It was then that Attorney Milholland, on behalf of HCGP, sought to sell her home in order to pay for these Guardianship expenses ordered by the court. On Aug. 6, 2015, an order was signed by Associate Judge Ann Green to sell Ms. Davis’ personal property, including her home, at a private sale for cash.

Soon after the order, an Application to Sell Real Property was executed by Aline Kyle-Taylor, the appointed Harris County Guardian who has the Power of Attorney to act on Ms. Davis’ behalf. Ms. Davis was served with a Notice of Sale by a Precinct 7 Constable, although she states no prior notice had been given. The process to sell her home was well on its way.

The FT spoke to Aline Kyle-Taylor to discuss Ms. Davis’ case, but she declined comment and indicated her supervisor would reply, but did not hear back from them prior to this story going to print.

Shaw immediately filed an Objection to Sell of Property in order to stop the sale of Ms. Davis’ home, and started to see that things had seemingly gone from bad to worse.

“The way this situation has gone down, I feel like Doris (Ms. Davis) is being legally abused and taken advantage of because of her age,” said Shaw. “I want to give Doris what she wants, and that is to live in her own home and be out from under a program that she doesn’t even know why she was placed in the first place. The community needs to be aware that families and concerned citizens have to stand firm, because being involved in the daily lives of our senior citizens is imperative. This is terrifying and should concern us all.”

On Feb. 23, 2016, Shaw took Ms. Davis to court for a hearing on the Objection to Sell her property.

Upon hearing the case, Shaw states that Judge Wood gave her one week to have Ms. Davis seen by a doctor that would state that she is “Not Incapacitated” and submit a report to court indicating that by Mar. 2, 2016. Shaw helped Ms. Davis schedule an appointment the very next day, Feb. 24, 2016, to visit Dr. Ivan Spector, who had previously treated Ms. Davis from 2007 to 2010. Dr. Spector performed an exam to determine her incapacity, and it was determined, per a letter submitted to courts by Dr. Spector on behalf of Ms. Davis, that she was “Not Incapacitated” as initially reported by the initial referring doctor.

To date, the case is still pending in Judge Wood’s court. Per Judge Wood, the letter was received from Dr. Spector and is being reviewed. In the meantime, he also indicated that the Ad Litem Attorney has requested another doctor re-evaluate Ms. Davis to determine her status.

The HCGP was organized in 1992 by the Harris County Commissioners Court to provide management and monitoring services to indigent persons who were deemed incapacitated by the Probate Courts and to serve as a last resort service for poor adults who are unable to care for their own physical needs or financial affairs because of physical or mental conditions. Currently, the HCGP provides Guardianship services to over 1,400 wards and is the largest Guardianship program in the entire state of Texas. About 40 percent of Harris County wards are 40 to 59 years old and 28 percent are 60 to 79. The majority of them have mental illness, a developmental disability or mental deterioration, such as Alzheimer’s disease or dementia.

The HCGP is also designed for poor adults who have been exploited, neglected or abused, and have no family members or friends willing or able to care for them. This is not the case concerning Ms. Davis. Her nephew lived with her at the time of her forced removal from her home, and he had no say concerning the Guardianship decision.

Ms. Davis states that she is being forced to be in a Guardianship program and pay for a nursing home that provides nothing but a roof over her head. She has been under constant worry about the status of her house, because she doesn’t know if it has been sold to someone else. She is being given psych meds regularly; makes her own bed; changes her own sheets; bathes herself; feeds herself; never sees the doctor assigned to her care; takes walks alone; dresses herself; and her church members wash her clothes for her.

Ms. Davis has a home that is paid for, where she was peacefully living prior to this fiasco, and she wants this nightmare to end so that she return to the only place she has called home for over 50 years. Shaw is seeking to become Ms. Davis’ legal guardian and has several concerns that she hopes to see addressed and several questions she is seeking answers to.

One of the most pressing questions she has is, “If there are reliable and competent individuals, including family members, who are interested in caring for their loved one, why would they deny them that ability and force them to be a “ward” of the state?”

The FT will continue to monitor this situation and seek answers to the question that Shaw has, as well as the many other questions surrounding how Ms. Davis, who appears to be of sound mind with a near spotless recollection of things, ended up in the HCGP in the first place.

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From Headache to Hostage: Elderly Black Woman Forced into Guardianship and Home Being Taken After Complaining of a Simple Headache

Judge ends court-ordered guardianship of Amish girl in chemotherapy fight

A judge formally ended the court-ordered guardianship of an Amish girl who resisted a hospital's attempts to force her to resume chemotherapy, bringing a close to the fight that raised questions about the rights of parents in making medical decisions for their children.

The judge's decision, announced Friday, came more than a year after Sarah Hershberger's guardian gave up her efforts to force the girl into chemotherapy for leukemia. Sarah and her parents went into hiding in the fall of 2013.

Sarah, who is now 12, no longer shows signs of being sick, said Kevin Dunn, a probate judge in Medina County. A visit to her home in August found that Sarah was "active and working daily on the family farm, she appeared healthy and appropriately developed," he wrote.

But Dunn cautioned her parents that she is not fully recovered and warned that they still have a duty to provide her care under Ohio law. "Her parents are not free to act entirely as they may choose," the judge said.

Maurice Thompson, the Hershbergers' attorney, said in a statement that "Sarah's good health bolsters the case against forced health care that we supposedly cannot live without."

The court fight began in the summer of 2013, when Sarah's parents decided to halt treatments because they feared chemotherapy was killing her.

Doctors at Akron Children's Hospital said Sarah's condition was treatable, but they argued she would die within a year if she stopped chemotherapy. The hospital went to court after the family decided to treat Sarah with natural medicines, such as herbs and vitamins.

Maria Schimer, an attorney who's also a registered nurse, was given the power to make medical decisions for Sarah after an appeals court ruled the beliefs and convictions of the girl's parents couldn't outweigh the rights of the state to protect the child .

RELATED | Judge blocks Akron Children's Hospital's bid to force Ohio Amish girl to have chemo
 
But Schimer decided to drop the effort because it became impossible to monitor Sarah's health or make any medical decisions for her after she left home and went into hiding.

The family fled their farm in northeast Ohio's Medina County and sought treatment in Mexico before returning home after a few months.

Like most Amish, the Hershbergers shun many facets of modern life and are deeply religious. They have said they stopped chemotherapy not for religious reasons, but because it was making Sarah too sick.
 
Hospital officials said they were morally and legally obligated to make sure the girl received proper care.

State laws give parents a great deal of freedom when it comes to choosing medical treatment for their children, but not always when the decision could be a matter of life or death.

Full Article & Source:
Judge ends court-ordered guardianship of Amish girl in chemotherapy fight

See Also:

Guardian: Court shouldn't change Ohio Amish ruling

Ohio Amish argue against guardian in chemo case

Ohio Appeals Court Again Sides With Hospital Seeking to Send Amish Girl Back to Chemotherapy

OH Judge Delays Decision on Guardian's Request to End Effort to Forced Chemo for Amish Girl

Amish family fighting forced chemo: Allowing guardian for daughter could affect other parents

I-Team: Broken system?

 KFVS12 News

(Click Above to View Video)

The Scott County Public Administrator is responsible for 250 people all over the county.

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I-Team: Broken system?

Senior citizen says guardianship left her 'absolutely broke'

Lin McDowell

Some people call it the "silver tsunami." America's population is aging and with it more and more of our parents and grandparents are falling victim to exploitation.

Seventy-four-year-old Lin McDowell believes she's one of those senior citizens. McDowell lived old school – she never rang up credit card debt. She paid cash for her cars, and consistently saved as she worked for decades in different careers, including as a project manager position at NASA, a real estate agent, and an art gallery owner.

"I had a $100,000 CD, I had a very good stock portfolio. I had investments," said McDowell.

In 2012 McDowell, divorced and estranged from her children, lived in a quaint rambler with pretty gardens in the backyard, on a nice street in Vancouver, Wash. By then, she'd managed to bank nearly $250,000 in cash and cash equivalents.

Two-and-a half years later, the bank account's been drained to roughly $20,000. The home's been sold.

"I've sold my wedding rings (to buy groceries)," said McDowell.

She and her dog Sam live in a motor home in an RV park just a few feet from noisy Interstate 5, with a Subway sandwich shop in the backyard. And that's where the RV stays put. McDowell can't afford the gas to take it out on the road.

"I am absolutely broke, yeah," said McDowell. "You don't realize that everything you've earned and worked for your whole lifetime can be taken away."

McDowell didn't get robbed or taken by an illegal pyramid scheme. She lost her life savings right underneath the noses of at least four different Clark County Superior Court judges who oversaw a perfectly legal professional guardianship that was put in place to manage McDowell's affairs.

Three years ago after a series of health problems, a psychologist diagnosed McDowell with "cognitive impairment" and "psychotic delusions." A judge ruled she was an "incapacitated person" in need of a professional guardian.

With no family around to help, a professional would be in charge of McDowell's mail, bills, and nearly all her decisions.

McDowell completely disagreed with the decision to place her under guardianship.

"You have no rights. Here's a piece of paper from the court that says you have no rights. I couldn't sign my own name," said McDowell.

So where did all the money go? Records show once a guardian started on the case, so did the spending. The first guardian spent nearly every penny of Lin's cash in under two years. Most of the money paid for attorneys, a caregiver service and guardian fees.

Some of the charges reviewed by KING include:

• $342 for a three hour breakfast with her client at Biscuits Cafe.
• $95 for visiting Lin to drop off a birthday present.
• $47.50 for a phone call on Thanksgiving.

Diana Kretzschmar is a well-known community advocate for seniors in Clark County.

"So where are these fees going? Legal fees, administrative fees, guardianship fees. Fees, fees, fees….My radar goes up," said Kretzschmar.

Against McDowell's will the guardian also sold her home. She also moved McDowell into a swanky retirement complex where the monthly rent -- $3,500 – was more than her client's estate could sustain. That rent was more than three times the amount of the mortgage McDowell was paying on her home.

"I think the thing that disturbs me the most is that she was under a guardianship, and she was supposed to be protected by people who had her best interests at heart, and who were being paid to have her best interests at heart. To have this happen under legal circumstances, there are no words for that," said Tiffany Couch, a forensic accountant working pro-bono for McDowell as she seeks answers to what happened to her savings.

A second guardian billed McDowell in a way no professional KING 5 consulted has ever heard of -- by the second.

Records show the guardian appeared to charge her client every time she left a voicemail for McDowell or touched a piece of mail.

"This doesn't look to me as if we're in the business to care for people. This looks to me like if I pick up a piece of paper and I'm billing it by the second or every 30 seconds, I'm in it for the money," said Couch.

The guardians in this case wouldn't agree to an interview with KING 5. But in court filings they wrote that the case had a "contentious nature" from the start and that the guardianship was "complicated by information received from Ms. McDowell."

In addition, a guardian wrote that McDowell had personal and professional relationships with outsiders that "created unnecessary confusion" and "increased work for the Guardians."

Asked if McDowell was served well in the guardianship, one of the professionals responded: "absolutely."

Elder care experts say we'll see a lot more "Lin McDowell's" as more and more Baby Boomers age into their 70s, 80s and beyond. One problem the experts identify is that in Washington state, there is very little oversight of professional guardianships. Judges authorize a guardian's actions, but advocates say no one is taking a hard look at the where the money's going.

"There's no real reconciliation or oversight over these billings. (It's a) rubber stamp," said Couch.

Adding salt to the wound, it's quite possible Lin McDowell never should have been in a guardianship in the first place.

In September 2014, a court appointed investigator found McDowell "has demonstrated remarkable independence with regard to her daily living activities." The investigator also wrote, "There is no need to continue the … guardianships."

The investigator relied on the input of medical professionals working with McDowell who found she is not an incapacitated individual.

"(McDowell) has been labeled with dementia by her caretakers and the court. Ms. McDowell was seen by the undersigned (doctor) for eleven one-hour sessions and her level of functioning was never impaired."

After that detailed report, a judge terminated the guardianship on September 26, 2014.

During her 29 months of living under a court-appointed guardian who oversaw every aspect of her life, McDowell said she experienced extreme depression and at times lost the will to live.

"(It was) almost too tough. Almost too hard to get up. Almost too hard to keep pushing," said McDowell.

With McDowell back in charge of her own life, the guardian issued her a check in September for the remaining balance of her life savings: $24,251.90.

"I've got (my dog) Sam, that's it. I've got Sam and enough money to, well, I've already paid my rent here for the month."

"These are the people who have built this nation on their back and don't they deserve at least safety and security as they age? Don't they deserve a voice?" said Kretschmar.

It's unclear if there is any financial recourse for Lin McDowell. She has professionals working pro-bono to explore options.

The KING 5 Investigators have been in communication with lawmakers working on legislation to tighten up loopholes in the professional guardianship process. State Sen. Ann Rivers (R-Vancouver) has introduced a bill that would hold guardians more accountable in the state.

"Washington leads the way in a lot of things like the health exchange and marijuana. Why can't we be a model for how we treat seniors?" said Rivers.

Full Article & Source:
Senior citizen says guardianship left her 'absolutely broke'

FFOA EXCLUSIVE: Safety or State Sanctioned Land-Grab?

December  14, 2014

Suzanne Ohrling age 81 invited home health care workers into the home her father built nearly a hundred years ago in Milwaukie with an ie, a suburb of Portland, Oregon. Approximately two and a half months later, according to Mrs. Ohrling and her family, she was taken with force from her home, and stuck into a nursing home from which she has told me she thinks she will never be allowed to leave.

Mrs. Ohring's story was the subject of my previous article 'Nursing Home Inmate: The Crime is Old Age', published here at FFOA 9/4/14. In that article I did not use any names nor even name the state as the family which had contacted me had borrowed money to remove their mother to another state. The family reasonably in light of further actions, feared their mother would not be released. Mrs. Ohrling in a telephone interview with me had stated, "I don't think they will let me leave. It is just a feeling I have that they won't let me leave." She denied that anyone had specifically told her she could not leave but her feeling was chilling. I chose not to use names though I had permission to do so, so as not to endanger the plans of her family.

Early on the morning or September 9 Suzanne's son Randy Lytle who resides in Nevada, spoke with his mother on the phone. According to Lytle who had purchased two airline tickets, his mother was anxious to fly home with him. I had put him in touch with the Oregon State Ombudsman Office which looks out for the rights of nursing home residents. According to Lytle they had warned him the nursing home might call the police if he tried to remove his mother but that the police could not do anything and it would be a scare tactic.

Mid afternoon on the ninth Mr. Lytle called me on his cell phone, telling me  he was at the nursing home, Milwaukie Convalescent Center, 12045 SE Stanley Ave., and his mother was unresponsive. Mr. Lytle described to me a horrible smell coming from his mother and said she could not stand nor be dressed. Lytle said nursing home staff had threatened to call the police and he had told them to go ahead, he had been warned about that and the police couldn't do anything. State workers appeared he said. 

According to Mr. Lytle it was decided his mother had a bladder infection and he demanded that she be treated immediately. He said the convalescent care staff had said that was not necessary, but a representative of the state said if family requested, it was OK to take the patient to, as it turned out an emergency room. Lytle wanted to have his mother drug tested but in the end this was not done and later could not be done.

That September day apparently a family member could request care for Mrs. Ohrling and family wishes needed to be acted upon. Between then and now according to Randy Lytle, the state of Oregon has, without notifying any family, appointed a guardian over his mother. Last week Lytle says he was denied medical information concerning his mother. He believed his mother was "sleeping way too much", inquired about her blood sugar numbers and was told he could not have that information as his mother had a guardian appointed! Randy said today that several family members have now received notices to appeal the guardianship with a two week filing date and a $250 fee required. He does not yet have his copy which he plans to file and pay for with his Christmas bonus from work.

Provided all this is true, how can something like this happen in America? Why is it happening in Oregon? Randy Lytle gave me some contact numbers for state workers who he notes have taken over his mother's life and shut out family. Adult Protective Services was a term I was not familiar with and a quick Google search elicited the information that APS is very similar to Child Protective Services (CPS) but that the grist for the grinding stones of APS are those who are disabled or over age 65. [1] This is frightening indeed in my opinion.

Spring of 2014 Suzanne Ohrling lived in the home her father had built, with her son Brett Lytle who has lived with his mother about 50 of his 53 years. Brett is a licensed construction worker; never married he has lived with his mother as a friend and companion. There is deep affection in this family. In the past few years his mother's arthritis and diabetes have worsened, especially the arthritis and Brett also became a care giver. Brett told me in an interview that this year he had also been seriously ill though he continued to work and care for his mother.

Brett described to me how his mother had applied for in home care and that they came about May of this year. The health workers came frequently until mid-summer when late one day the police, fire department, code enforcement and Adult Protective Services workers kicked in the door, according to Brett, and took away his mother.

Suzanne has little memory of being hauled out of her home. "People cheated me when I went to sleep, they cheated me", she explained plaintively.

Her son Brett is soft spoken like his brother Randy. His voice is even when describing horrors that would send many into rage and despair. Brett admits things were not as good as he wished they were, but he comments that he was also seriously ill at the time the home health workers came to his and his mother's home. The home was temporarily condemned. Randy says his mom saved a lot of things. There were some mice. Randy and Brett both note that the condemnation order also required the repair of one plugged kitchen sink and that ALL electrical outlets must be working. I have not seen a copy of the condemnation order but it is my understanding that the home was inspected and the condemnation lifted  within weeks.

When his mother was hauled out of her home Brett was charged with two counts of Class A misdemeanor neglect of his mother. How I wonder, was he neglecting his mother when state provided health care workers had been coming for something like two and a half months?What in the world were those workers doing in all that time? Why did not these workers work with Brett to correct any deficiencies before there were actions that appear to be draconian, heavy handed and unnecessarily cruel?

Brett claims an  female official state worker whom he named told him, "In six months you will be convicted and your mom will spend the rest of her life in a nursing home."  

The state next filed a restraining order against Brett which prevented him from even calling his mom on her birthday which occurred last month.

Suzanne never understood why her beloved son was kept from her.  "Brett has never done anything wrong. No one has talked to me about this case," she told me. "I will not go against Brett. He has been awful nice to me," she said with obviously deep feeling.

The family has always been close and affectionate. Brett and Randy have periodically lived with their mother while they worked. Suzanne also had one daughter who, when she was a young mother, was brutally beaten to death by a killer. There has been tragedy in the family and surely the restraining order that separated Brett from his mother was another.

Brett told me the restraining order came about because a couple years ago or so his mother had become very ill and the ambulance EMTs had come to the home. Brett said one EMT said, "Your mother would be better off in a nursing home." Brett said he answered that he had promised his mom she would never have to go in a nursing home and that he made a the statement, "No way in hell she's going in a nursing home." According to Brett notes or possibly a tape recording from that event was used to bring and perpetuate the restraining order that would not allow him any contact his mother for months. I have been unable to this date, to ascertain that there was anything more to the restraining order.

Mrs. Ohrling has rapidly deteriorated in the nursing home according to her sons. Fearing that she could die without being allowed to see the son who had lived with her for years, just after Suzanne's birthday and just before Thanksgiving Brett, with the urging of his court appointed attorney pleaded guilty to neglecting his mother. When he was finally allowed to see her he was shocked by her physical condition. He told me he thought the nursing home was not taking good care of her.

For me to write this story with names or even the location there was always a gamble that I would do harm. Something does not feel right and the family seems to me to be getting steamrolled by the state.Would using names cause the home to remain condemned? Would Brett's legal troubles get worse? Would the state tighten their grip on Suzanne?

I know these people and they are hardworking and decent.  They do not have money to hire lawyers though I have been told by experts that a family law attorney is needed. Whatever deficiencies may have been found in Mrs. Ohrling's home I believe there was also a great deal of love and caring and Mrs. Ohrling wanted to remain in her home. According to her and her sons no one has discussed discharge planning with her though Milwaukie Convalescent Center's web page states they, "provide discharge planning for each patient." [www.milwaukiecc.com]

Now the state of Oregon has apparently appointed a guardian for Mrs. Ohrling without consulting family. This too is a point of confusion. In a few days I will have copies of the form for the family to appeal what they apparently were never consulted about until it was too late. There seems nothing to loose in writing the story at this time, names and all.

Randy Lytle thinks his mother's home may be worth about $350,000. A civil rights expert I consulted off the record asked who was paying for Mrs. Ohrling's confinement in Milwaukie Convalescent Center. I mentioned the land value and this expert grunted uh-huh in a knowing way.

A friend of mine who works with similar issues in Idaho suggested Mrs. Ohrling's civil rights were violated because her son had been kept from her. I have been assured by sources off the record she has no other right than to be kept safe as determined by the state. If state provided home care workers were in the home for almost two months, and if the issues that seem to have led to Mrs. Ohrling's removal from her home were fixed in a short period of time, what kind of safety does the state need to provide? Why should this state mandated "safety" spill over onto other family members who now seem to be legally cut out of their mother's life decisions?

Shortly after his mother was put into Milwaukie Convalescent Center her son Randy tried to reach her long term doctor. According to him and as he understood it, the convalescent center had dismissed his mother's regular doctor and assigned her a doctor connected to the facility. He told me this was why he could not have his mother tested for drugs when she was too weak to even stand when he came to fly her home.

What of Milwaukie Convalescent Center? Their web site www.milwaukiecc.com shows pictures of pleasant one story buildings, a small manicured green lawn, flowers and a cement bird bath. Under the heading "Nursing Services" this statement appears:  We believe that a nursing home should be more than just providing excellent care. IT SHOULD BE ABOUT INCREASING CONNECTIONS BETWEEN FAMILIES. (Emphasis mine.)

On another page describing social services within the facility it is stated, "Social services maintain contact and open communication between the facility, families and the residents..." It is also written, "there is discharge planning for each patient." Also, "We stand up for resident's rights and strive to make Milwaukie Convalescent Center their home."

An article at www.katu.com [2] is titled "Looking for a nursing home? Make sure you do your research".  Citing 'Pro Publica' information about Oregon nursing homes in genera the article makes this specific statement, "The Milwaukie Convalescent Center has the highest number of deficiencies at 78." Another article at http://www.golocaldx.com  [3] also using 'Pro Publica' as a source shows that Milawukie CC is a "for profit" nursing home with 96 beds, 58 of which are filled. The date of this article is September 16, 2014. If these stats are accurate for that date we can assume that Suzanne Ohrling accounts for one of the 58 filled beds. Fines and deficiencies or not the state of Oregon has, it appears to me, decided unilaterally, this is the proper place for Suzanne to continue to deteriorate while being kept "safe". 

It is almost Christmas. Randy Lytle is counting the days until he receives his Christmas bonus check from his work. In between long days at work he must cash his check and apply it to the filing fees for the appeal of something the state did, according to him, without consulting the family. He will spend more and take time from work will fly to Portland, Oregon for whatever court proceeding will follow. He loves his mom.

"If she dies will the state even let us have her body?" he has asked me. I said I thought so. Even if the state has managed to brand his brother Brett as a criminal why is the rest of the family seemingly punished? There is an adult grandchild of the murdered daughter. She barely knew her mother and now it appears she will lose again with her grandmother. (If I was in a snarky mood I would mention that Oregon allows "Death With Dignity' which is assisted suicide. What happens when Mrs. Ohrling's likely soon to be seized assets run out?)

We at Freedom Fighters of America will continue to pursue answers in this story. If this case is what it appears perhaps we will be served a gag order such as happened in the Justina Pelletier case and that of the Diegel sisters in Phoenix, Arizona. In the meantime we will have our version of the Friday document dump with a weekend article dump. Dear friends at FFOA, share this around the world. Protect your elderly and disabled loved ones with knowledge of your state's policies.

Mrs. Ohrling has not been declared incompetent in a court of law to the knowledge of her family. Sources tell me that sort of thing is now a battle of experts and Suzanne's family cannot afford to hire the experts~or lawyers. Therefore Mrs. Ohrling's desires are not considered as I understand it. Let Suzanne's own words end this article:

"I would like to go home; to be able to go home. They won't let me because of old age. I have a right to go home to my own home" (Here she began to cry) "I'd do anything to get out of this place I haven't done anything wrong, why are they holding me here? Because of old age. The crime is old age."

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[1]  htto://www2.webster.edu ; Elder Abuse and Neglect ; a quick understanding of Adult Protective Services 

[2]  http://www.katu.com/news/problemsolver/ ; Looking fir a nursing home? Make sure you do your research, by Shellie Bailey-Shah, 4/26/13

[3]  http://www.golocaldx.com/news/oregon-nursing-homes-with-most... ;  Oregon nursing homes with the most health and safety deficiencies, 9/16/201

Full Article & Source:
FFOA EXCLUSIVE: Safety or State Sanctioned Land-Grab?

Connecticut teen fighting state over forced chemotherapy treatments

HARTFORD, Conn. — A 17-year-old girl with cancer and her mother are battling Connecticut over an order that she accept chemotherapy treatments — and the state's Supreme Court has agreed to an expedited ruling in a rare case involving the "mature minor doctrine."

Lawyers for Cassandra C. argue that she is mature enough to make the decision to reject the treatments, but the state Department of Children and Families is saying the treatments are in her best interest.

The Supreme Court said it would rule whether "DCF (is) properly authorized to make medical decisions on (the) child's behalf, and whether (a) 17-year-old must receive medical treatment against her wishes."

"Everyone agrees it's a serious illness, but you're talking about a fundamental question: Does she have a say in what happens to her body?" said attorney Michael Taylor of West Hartford, who represents Cassandra's mother.

Cassandra was diagnosed with Hodgkin's lymphoma in September, according to a state Judicial Branch summary of the case.

The summary notes that "while the recommended treatment for the disease includes chemotherapy, Cassandra decided that she did not want to undergo treatment, and Cassandra's mother supports her in that decision."

The full names of Cassandra and her mother are not included in the summary. Cassandra is represented by assistant state public defender Joshua Michtom.

At a hearing in November, a Superior Court judge granted a request from DCF to take temporary custody of Cassandra "and ordered her mother to provide and cooperate with medical care under DCF's supervision and as recommended by her doctors," the case summary states.

"Her mother felt their world had been turned upside down," said Taylor.

The DCF had no previous involvement with the family, but moved for custody of Cassandra when the possibility of parental medical neglect was raised. A DCF spokesman, Josh Howroyd, said Friday that the department had no comment on the case.

Cassandra and her mother initially complied with the court order and the teenager received her first two chemotherapy treatments in November. But Cassandra "subsequently ran away from home to avoid further treatment," the summary states.

When she returned, she continued to refuse the treatment, the summary says.

After a hearing in the Child Protection Session of Superior Court, at which Cassandra's doctors testified, the trial court "ordered that she be removed from her home and that she remain in DCF's care and custody."

The court also authorized DCF "to make all necessary medical decisions on Cassandra's behalf," the case summary states.

The family hired Taylor to file an emergency appeal. Cassandra is now in an unidentified local hospital receiving treatment under the court order. Details about her prognosis were not available.
Arguments before the state Supreme Court are set for Thursday.

In appealing the decision, Cassandra and her mother said that "absent any finding that they are incompetent, the trial court violated their constitutional rights in allowing DCF to substitute its judgment for theirs and in permitting DCF to force Cassandra to receive medical treatment against her will."

Lawyers for the mother and teen also argue that the state should recognize the "mature minor doctrine" — which would require a finding that a 17-year-old isn't sufficiently mature to make such a decision, before ordering the teen to receive medical treatment.

Taylor said "family integrity" — the right for a family to make educational, moral and other major decisions without state interference — is also a major element in this case.  (Read more)

Full Article & Source:
Connecticut teen fighting state over forced chemotherapy treatments

Readers respond to 'Kindness of Strangers' series

Enlightening. Scary. And sad.

These three words crop up often in the dozens of emails and phone calls I have received since the Herald-Tribune's publication of "The Kindness of Strangers," a look at elder guardianship in Florida.

The stories of people trapped and bewildered by a system designed to help them are certainly sad and scary — but I was especially happy to hear from people who are also focused on learning more about this overlooked aspect of elder justice, and arriving at workable solutions.

Some ways to make the process of protecting incapacitated elders less intrusive and more fair were touched on in Part 3 of the series.

But I've also heard from readers who want to know what they personally can do to protect themselves or loved ones from enduring the same legal tangles as the Floridians we profiled.

Having proper legal documents is a necessary first start. But when a petition for emergency temporary guardianship is filed, sometimes these written wishes can be set aside by the court, if there is any claim against their validity.

One attorney I spoke to suggested making a video of yourself while you are still fully in possession of your mental faculties. This vivid evidence that you were of sound mind and free of undue influences when you made decisions about who should handle your health care and finances, she said, can be very compelling to a judge.

And, of course, there is no substitute for clear, frank communications with your family and others you will rely on as you age. Avoiding conflict now, and making your intentions clear to everyone involved, will help your loved ones form a united front if they are ever called on to speak in your behalf.

One interesting response to our series came from Laurie Anspach, the executive director of the Citizen's Commission on Human Rights of Florida. This organization champions mental health rights, and has worked to curb the overmedication of children.

But Anspach said she sees parallels in the cases of adult wards who are medicated in long-term care facilities.

"We get a lot of hotline calls from family members whose parent has been committed through the Baker Act, and a guardian is appointed," she said.

One tactic CCHR is exploring could help delay the rush to guardianship that includes a court-ordered mental assessment. Anspach's group, consulting with attorneys, has prepared a document that withholds consent for this exam. The form is modeled on one that parents can use to refuse medical access to their children, and it is intended for use by an elder's designated health care surrogate.

"We have given it out to elders, but it's in the pilot stage," Anspach says. "I don't have any evidence yet that it's been used."

You can download the "Non-Consent Form for Elderly" at the group's website.  (Read more)

Full Article & Source:
Readers respond to 'Kindness of Strangers' series

Amish family fighting forced chemo: Allowing guardian for daughter could affect other parents

TOLEDO, Ohio — A judge's decision appointing a guardian to make medical decisions for an Amish girl after her parents stopped her chemotherapy violated their constitutional rights and could affect the rights of other parents to make their own medical choices, the family's attorney said in a court filing.

The lawyer for the family of the girl, Sarah Hershberger, wants a state appeals court to overturn the order assigning the guardian.

Sarah and her parents have been in hiding to avoid resuming chemotherapy since the guardian was appointed in October. They won't return to their farm in northeastern Ohio until the guardian is removed, their attorney has said.

The guardian, Maria Schimer, an attorney who's also a registered nurse, also no longer wants to force 11-year-old Sarah to undergo chemotherapy for her leukemia because she can't contact the girl or her parents.

But she also said that an Ohio appeals court should not grant the Hershberger family's request to reverse the ruling that made her the girl's guardian because the family didn't raise the issue of their constitutional rights being violated in the trial court.

The lawyer for Sarah's family disagreed, responding in a filing on Friday with the Ninth District Court of Appeals in Akron that "fundamental and constitutional rights that implicate matters of great public importance and constitutional significance cannot be forfeited."

Allowing the guardian to overrule the parents "affects the parental rights and health care freedom of all Ohio parents," wrote Maurice Thompson, who leads the libertarian 1851 Center for Constitutional Law in Ohio.

"Any parent could have significant decisions second-guessed, any parent could lose the right to choose the doctor, hospital and course of medical treatment of their choice," the family's attorney said.

Full Article & Source:
Amish family fighting forced chemo: Allowing guardian for daughter could affect other parents

See Also:

Guardian: Court shouldn't change Ohio Amish ruling

Ohio Amish argue against guardian in chemo case

Ohio Appeals Court Again Sides With Hospital Seeking to Send Amish Girl Back to Chemotherapy

OH Judge Delays Decision on Guardian's Request to End Effort to Forced Chemo for Amish Girl