Thursday, April 06, 2006

News Article on Wrongful State Guardianship

Woman: Mom’s wishes ignored

Daughter questions guardian change by judge

By JENNIFER LEARN-ANDES jandes@leader.net
Grace Connors executed paperwork in September 1990 to make her only surviving daughter, Mary Connors, her durable power of attorney – the person who would manage her life, legal matters and finances if she could no longer do so.
Her wish is not being honored.
The 84-year-old West Pittston native now suffers dementia, and a Luzerne County judge has named a different guardian – the Family Service Association of Wyoming Valley.
Mary Claire Connors and her legal representative – the Public Interest Law Center of Philadelphia – say the court had no authority or justification to appoint a different guardian, and they filed legal action this week to force the county to reinstate Mary’s durable power of attorney and end the association’s guardianship.
“Mrs. Connors’ plain and bindingly expressed wishes, required under law to govern here, have been systematically disrespected, ignored, disregarded and trampled,” wrote lawyer Thomas K. Gilhool.
Mary Connors said “anger is just oozing out of me.”
“If these durable powers of attorney are being ignored, why advocate that people get them?” said Connors, who recently attended a county commissioners meeting to publicly urge county officials to watch her case and others.
The not-for-profit Public Interest Law Center helps people who can’t afford lawyers fight to get all levels of government to “do right by the public, especially the weakest and most vulnerable citizens.”
Gilhool presented the following details in his filing:
Grace, a lifelong West Pittston resident, had a U.S. Postal Service pension left by her late husband and a long-term care insurance policy.
Her attorney, Veronica Kisailus, testified in guardianship proceedings that Grace asked her to prepare a durable power of attorney in 1990. Kisailus said she explained in detail what it meant and Grace signed the action. Kisailus testified that Grace “gave every evidence of being of sound mind and judgment.”
The county’s Area Agency on Aging initiated the change in guardianship in 2001.
Grace had been visiting Mary in August 2001 in Santa Rosa, Calif. Mary Connors reported that her mother had been unlawfully removed by her adoptive niece from an Alzheimer’s day program there and brought to Pennsylvania without Mary’s knowledge or consent.
Around that time, Grace passed a note to a longtime West Pittston next-door neighbor, asking the neighbor to please get her out of the adoptive niece’s farmhouse, where she had been moved. The neighbor gave the note to the West Pittston police, which turned it over to the Agency on Aging.
In November 2001, county Judge Chester Muroski appointed the Family Service Association as temporary emergency guardian and later guardian “until further order of this court.”
Mary has argued in court that nobody has presented any evidence, proof or good cause showing why the power of attorney should be disqualified. The law requires evidence of “good cause or disqualification” before another guardian can be named, Gilhool said, adding that Mary must also be given a chance to refute any claims.
Gilhool said the Sept. 17, 1990, durable power of attorney was in “full force and effect,” making the other guardianship “unlawful, invalid, void and voidable.”
The Agency on Aging has cited allegations from both “sides” regarding “exploitation of Mrs. Connors’ assets.”
Gilhool said Mary gave the court complete records of the bank account and other transactions throughout the period of her durable power. The other “side” produced incomplete records that, if investigated, “would have shown a very substantial and unaccountable withdrawal from the then recently established joint account by the other ‘side,’” he wrote.
Grace was placed in a facility, where she has been for nearly five years, the action says.
County Public Information Officer Kathy Bozinski said the county can’t comment on pending litigation, and background information on guardianships would likely be confidential anyway.
Mary moved back to the family home in West Pittston, though she said it’s in foreclosure proceedings and the county is trying to liquidate it to pay the nursing home that she does not want her mother in. She said she wants her mother to live with her with assistance from providers that come into the home. People must wake up and realize the same thing can happen to them, she said.
“I want to show the public that the trust they have in the system can be violated. They can’t depend on their advance directives being followed,” she said.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.
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"The more men have to lose, the less willing are they to venture.  The rich are in general slaves to fear, and submit to courtly power with the trembling duplicity of a spaniel." - Thomas Paine's "Common Sense" - 1776
 

7 Comments:

Blogger johnny said...

Our relative lost her liberty over the phone, no notice in Carmel, CA when she was ex parte "conserved", a guardianship imposed against her will and she became a ward of the state of CA. We were the power of attorney. Without every disqualifying us or proving at trial that she was not competent when the power of attorney was signed, or shared evidence or a trial, the power of attorney was first suspended and then revoked. We never did get our relative, Mrs. Letitia Rose, free. She died in state custody, state confinement, involuntary incarceration in her 10 person board and care in Carmel, skin and bones, looking like a POW, open lesions and severe bruising. Our relative wanted to be with her next of kin but the court did exactly what the county of Monterey wanted. All her personal property and ours, even her shoes was sold with no notice to us or to her while she was alive. The county public conservator charged $50,000 in fees and then lowered their fees to one forth of the estate. Mrs. Rose was the golden goose. These guardianships consergvatorships need to be banned. People have a right to be free.Johnny

10:37 AM  
Blogger johnny said...

Mary Claire thank you for your post.Johnny

10:40 AM  
Blogger johnny said...

It is almost seven months since Mrs. Rose died and the county of Monterey, CA still won't tell us where they have hidden and confiscated the left over personal property which is our property and inheritance. They moved the property and placed it in some basement in Salinas. The county even went so far as to choose a moving company they want us to be forced to use. There was not $50,000.00 for the county to take in fees so they took about half of the small amount of remaining money. How can this happen? If anyone is thinking about retiring to Pebble Beach, CA or Carmel, CA or Pacific Grove, CA or Monterey, CA think about what happened to Mrs. Rose, the golden goose who died skin and bones with open lesions and severe bruising in her board and care in Carmel. she died in state custody, state confinement and involuntary incarceration. Johnny

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Blogger Grandma said...

We understand your pain and torment as a result of probate court. Paul, an only child, lost his Mother in probate court. Things went downhill from there!

Mother died for estate conservation and large funds are missing!

We are "Pushing a Walker" to campaign for Elder Advocacy in Illinois where this happened starting on 7/31/06 in Chicago. Send your thoughts with us. This has to change!

I hope we can vent some frustration. We won't be happy until someone is in prison. Our case is unique because we do have considerable evidence of financial abuse (missing funds) unaccounted for by the Bank & Trust serving as financial guardian. They are actually named "Co-trustee" on a living trust (missing) which our 2nd attorney wrote, (I guess him memory failed him).

This has to change. People need to know what can happen!

Paul & Helen in colorado

4:36 PM  
Blogger PROBATE COURT ABUSE IS ELDERLY ABUSE said...

WANT TO REACH MARY CONNERS, MY PH NO 8654554679 KEEP TRYING IF PHONE TEMP CUT OFF AS LITTLE MONEY LEFT AFTER PROBATE. MOM WENT IN FOR THERAPY AND RELEASED. I WENT TO PICK HER UP AND NURSING HOME SAID SHE NEEDED THEIR SERVICES EVEN THOUGH TENN CARE REVIEW MONTH BEFORE SAID SHE WAS FINE TO LIVE ALONE AS LONG AS PEOPLE CHECKING. BESIDES MOM AND I LIVED TOGETHER BUT 1ST COUT DOCU SAYS MOM HAD NO CHILDREN. DPOA NO GOOD THOUGH ID NOT BEEN TO COURT YET. CHEMICAL RESTRAINTS, SIMI CONCIOUS AT BEST AND CHOKED WHEN I TRIED TO FEED HER. COULDNT STOP THEM. NURSES SAID SHE COULD LIVE 3 WEEKS WITHOUT FOOD. FELT WE WERE IN NAZI FAKE HOSPITAL FOR SHOW. CALLED PLOICE BUT NORWOOD TOLD OFFICER I HAD NO POWER THOUGH NOT TAKEN TO COURT YET. AT THAT POINT MOM NEEDED A REAL HOSPITAL AND I HAD MONEY FOR AMBULANCE. GAL NORWOOD SAID NO. MOM DIED SKIN AND BONES 9 DAYS LATER. DAY BEFORE COURT. SHE CLAMPED MOUTH TOGETHER LAST 48 HOURS SAYING ITS THE ONLY WAY HONEY, YOUR DADDY WANTED YOU TO HAVE THIS PROPERTY AND SO DO I. I BEGGED OH GOD DONT MOMA. I SAID I CAN HANDLE COURT BUT TO HER IT WAS A PUBLIC LYNCHING OF THE PERSON WHO HAD ALWAYS BEEN MOST TRUSTWORTHY. IF I WAS WHAT THEY SAID I WAS MOMS ASSETS WOULD HAVE ALL BEEN GONE. WE FOUGHT TOGETHER TO KEEP TAXES AND INS PAID. NURSING HM KNEW WE HAD ASSETS CAUSE DAD BEEN THERE 16 YEARS ON PRIVATE PAY. GOTTON GOLDEN EGGS, NOW THEY WANTED GOOSE. HARD TO KNOW SHE OPTED OUT IN THE FINAL HOURS SO I WOULD HAVE PROPERTY AND BE SPARED PUBLIC LYNCHING. BUT WHAT MOTHER WOULD NOT HAVE DONE THE SAME IN THE SELECTION LINES AT NAZI CAMPS IF CHILD COULD BE FREED, AND TO REGAIN TAKEN ASSETS AS WELL. THEY TOSSED ASIDE THE POA S BUT THEY COULDNT TOSS ASIDE THE POL. THATS THE POWER OF LOVE. CANT TYPE SO RARELY DO EMAIL THING CALL 8654554679 JANE LOOKING FOR MARY CONNERS GOD HELP OUR ELDERLY TREASURED LOVED ONES. JUDGE IS COMPLACENT. FRIEND OF FAMILYS WAS ATTY WHO SWAPPED HORSES BEFORE A LEG GOT WET, HID EVIDENCE, LATE FOUND OUT HE DOES CONSERVATOR THING, HED OFERED TO BE CONSERVATOR TO SAVE IT. HA. BEFORE MOM WAS BURIED HE TOLD ME I SHOULD GET A GARDIAN TO HELP ME. NO THANKS, HELP COMES CHEAPER. GUESS HIS NEXT SUGGESTION WAS HED BE MY CONSERVATOR. OH A GAL WITNESS POSTED NEGATIVE COMMENTS ON FACEBOOK FROM MOMS HOME AFTER FUNERAL, THEN PICS OF FRESHLY DUG GRAVE, DIDNT LIKE FUNERAL,,BAD DAUGHTER. POSTED BRAGGS ABOUT HOW SHE WAS TESTIFYING FOR STATE AGAINST ME. DIDNT KNOW ANY OF THIS CAUSE ALL LAWYERS EVEN MINE KEPT IT FROM ME SAYING NOISY NEIGHBORS. NO NAMES ANYWHERE OF WITNESSESAGAINST ME. NAMELESS. I SUSPECTED THIS ONE AND ON A WHIM SEARCHED SOCIL NETWORKS. AND SHE WORKS AT COURTHOUSE. DEEDS AND POAS REGISTER OF DEEDS. SPOKE WITH ELECTED BOSS WHO SAYS SHE CANT TELL TRUTH AND SHE SHOULD HAVE BEEN CONTACTED. SENT PROBATE JUDGE COPIES OF PICS AND POSTS SAID WHEN YOU CANT GET THE TRUTH FROM THE LYING LAWYERS IN PROBATE COURT,,,JUST GO ON FACEBOOK. THIS JUDGE AND HIS GAL WERE BOTH AT STATE CAP HEARING ABOUT GAL ABUSE IN 2012. I THINK THEY WENT THERE TO LEARN. LOOKING FOR MARY CONNERS CALL ME JANE 8654554679 KEEP TRYING YOULL GET ME EVENTUALLY

4:11 PM  

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