Referee: Woman Can Visit Mom in Hospice

Nursing home says daughter’s visits are disruptive. But the daughter says she’s “scared for my mother’s life.”

A probate court referee ordered a St. Paul nursing home to allow the daughter of an ailing woman to visit her mother in hospice care, despite the nursing home’s claim that the daughter’s conduct is “severely detrimental” to Edna Wigen’s health and “disrupts the orderly and safe operation” of the facility.

Judy Luzaich, 66, of Stillwater, and two of her mother’s longtime friends were barred from St. Mary’s Home in St. Paul’s Highland Park this year after complaining that the 91-year-old woman was receiving substandard care.

St. Paul police and officials from the state Department of Health are investigating allegations of suspicious injuries to Wigen’s head, arms and legs that were photographed by her longtime friends Patty and Al Noren. Nursing home officials deny that Wigen was mistreated, saying everything done was necessary and appropriate.

Ramsey County District Court Referee Dean Maus said that Luzaich should be allowed to visit her mother three times in the next week but he didn’t address future visits, leaving that to a state judge who is expected to conduct a hearing on the dispute sometime next month.

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Referee: Woman Can Visit Mom in Hospice

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Guardian vs Conservator

"I feel like I’m in jail"

A court is keeping Isabelle Jessich in a nursing home even though a doctor says she’s sane, sober and fit to leave. Is this how guardianship laws should work?

Last summer, incapacitated by malnutrition and a prolonged bout of heavy drinking, Isabelle Jessich was removed from the filthy bed in her Edina home and taken to a nearby hospital. A month later, with no improvement in her mental condition, the state courts took over Jessich’s life, making all decisions on where she would live and how she would get better.

These days, Jessich bears little resemblance to the disheveled woman who refused to leave her bed. She lives in a nursing home, where she is able to eat, dress herself and use the bathroom without assistance. Though she still uses a wheelchair because of persistent dizziness, she exercises each day on a recumbent stepper machine. She has been sober and well fed for a year. In May, her neurologist pronounced her healthy enough to move back home.

Yet three months later, Jessich remains at the Robbinsdale nursing home, her future in the hands of a court-appointed professional guardian. Jessich, 56, has discovered a painful fact about the Minnesota guardianship system: It’s set up for permanent oversight of people no longer able to make decisions for themselves. In fact, the more Jessich tries to take control of her life, the harder the system has fought to keep her a ward of the state.

“I’m not saying I didn’t make mistakes,” Jessich says. “Is that a crime? What the heck am I doing here?”

Jessich’s deepest concern is not for herself, but for her teenage daughter, Allison. Since Jessich went into institutional care last year, her 16-year-old daughter has mostly fended for herself, depending on friends, relatives and neighbors for a place to sleep and something to eat. Her mother has come so far since last year, Allison says, that she is ready to be a parent again.

“Just let my mom come home,” Allison says. “If she could prove to them there’s a reason she has to be locked up like she is, then let her prove it.”

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I feel like I’m in jail

In Memoriam – Luke Forrest Humphrey

Luke Forrest Humphrey, 23, passed away Monday, August 17, 2009, in Glen Rose, Texas. He was a graduate of Pine Tree High School, attended U.T. Tyler and worked at Home Depot before a car accident in 2005, which resulted in a traumatic brain injury. Luke’s graveside services and burial were Tuesday, August 18, 2009, in Squaw Creek Cemetery in Rainbow, Texas, prior to the family’s knowledge.

He is survived by his parents, Dr. William and Susan McLendon of Hallsville; sister, Kari Schneck and husband, Thomas, of Longview; brother, John Gasper; stepbrother, Will and Amber McLendon of Albuquerque, New Mexico; stepsister, Charisse and Rob Tolleson of Pasadena, California; grandmother, June Slaughter of Tucson, Arizona; father, Landy, and his family; aunts, JoAnn Bowshot and Rose Pondoff of Youngstown, Ohio; aunt, Patricia Pondoff of White Oak; cousins, Kathy, J.T. and Hailey Murphy, Nikki and Bobbie Bowshot, Scott and Shawna Bowshot, Bryan Pondoff and Tony Smith; nephew, Harrison Taylor; and best friend, Grant Thomas, who survived the accident; and his Home Depot family who loved him.

To view Luke’s story go to http://salon.glenrose.net/default.asp?view=plink&id=11141&=cm1

In lieu of flowers, the family requests all donations be sent to the National Association to Stop Guardian Abuse at http://www.nasga-stopguardianabuse.blogspot.com/2009/07/guardian-troubles.html or P.O. Box 886, Mount Prospect, IL 60056.

It is the four years of mourning, the voicemail I received of my brother’s death the day before my birthday and the conversation that the funeral had already taken place for me to realize what it is I am feeling…. I am thankful.

I am thankful to have had Luke in my life. Luke was a wonderful brother. He was funny, confident and full of life. Luke was a hard worker. He took pride in his appearance, his possessions and made lasting friendships. Luke had a great life, a promising future and parents who loved him.

I am thankful that I will be able to celebrate my birthday every year with him. But most of all, I am thankful for my mom and Luke’s dad for making me Luke’s sister because without them, I would never have known Luke Forrest Humphrey.

Fly with the angels, Luke. I love you! Your sister, Kari.

To my beloved son,

As the family knelt by your grave, we read the Bible verse that I read to you everyday in the hospital, Psalm 91.

Everyone shared a funny story about Luke. He loved to pull pranks and never forgot April Fools Day. He made funny faces in every picture he took. Luke loved life; he loved everyone. There was such a purity about him and a genuine smile for everyone. He was free spirit like his mom; he took life right in stride. He was a great sport, a team player and an athlete.

I knew as I knelt by your grave that you were in my heart. The memories of 20 years of packing lunches, going to games, the family vacation every year, going skiing-we had such happy times and no one can take away all our precious memories. Luke was there with us that day. I could feel your smiling, glowing face; I could feel the warmth of your character, and I know you are happy and free. I promised you, I will never give up the fight to have your perpetrators brought to justice.

I can feel your smiling face with me, and I feel your comfort. I know you are here with me and Bill, Kari and Johnny.

Luke, we love you, and you will always be in our hearts and minds!

Obituary of Luke Forrest Humphrey

Luke Forrest Humphrey

Guardian Troubles

Lokuta Files Petition

Former Luzerne County judge Ann Lokuta has asked the state Supreme Court to take jurisdiction of her case from the Court of Judicial Discipline, alleging the disciplinary court has shown a bias toward her in its rulings.

The petition alleges the disciplinary court has failed to follow the Supreme Court’s directive regarding the standard of review it should apply in reexamining Lokuta’s misconduct case.

It also again challenges the refusal of attorney Richard Sprague, who headed the panel, to recuse himself given his representation of Robert Powell, one of the key figures in the judicial corruption probe.

Lokuta also asks the court to reinstate her salary and benefits pending resolution of the case, arguing the Administrative Office of Pennsylvania Courts has wrongly denied her the compensation.

Full Article and Source:
Lokuta asks high court to take over case

See also:
Lokuta Not Entitled to New Trial

Complete Lives System

Troubling Questions Remain About Obama’s Health Care Plan
by Sarah Palin

Excerpt:

I join millions of Americans in expressing appreciation for the Senate Finance Committee’s decision to remove the provision in the pending health care bill that authorizes end-of-life consultations (Section 1233 of HR 3200). It’s gratifying that the voice of the people is getting through to Congress; however, that provision was not the only disturbing detail in this legislation; it was just one of the more obvious ones.

As I noted in my statement last week, nationalized health care inevitably leads to rationing. There is simply no way to cover everyone and hold down the costs at the same time. The rationing system proposed by one of President Obama’s key health care advisors is particularly disturbing. I’m speaking of the “Complete Lives System” advocated by Dr. Ezekiel Emanuel, the brother of the president’s chief of staff. President Obama has not yet stated any opposition to the “Complete Lives System,” a system which, if enacted, would refuse to allocate medical resources to the elderly, the infirm, and the disabled who have less economic potential. [1] Why the silence from the president on this aspect of his nationalization of health care? Does he agree with the “Complete Lives System”? If not, then why is Dr. Emanuel his policy advisor? What is he advising the president on?

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Sarah Palin – Facebook

Belinky Plans To Cut Staff

Judge Mark Belinky says all that will be left to staff Mahoning County’s Probate Court as of September 19th will be “myself, one magistrate and two clerks,” when he says he’ll be forced to lay-off most of his employees to get through the rest of the year.

Belinky says he sent a letter to County Commissioners notifying them of the layoffs — at about the same time they and Administrator George Tablack were warning sales tax revenues were declining — complaining other office holders weren’t getting the message.

Belinky sued Commissioners earlier this year — after the Board appropriated about $200,000 dollars less for Probate Court than the Judge had requested.

A hearing on Belinky’s lawsuit is set for late next month in Canton. The Judge claims if he wins the case — and Commissioners are ordered to fully fund his budget — he will bring his laid-off workers back.

Full Article and Source:
Probate Judge Threatens To Cut Staff

See also:
Date Set in Mandamus Lawsuit Case

Judge Files Suit Over Budget

Suleman Loses Court Battle

An Orange County judge ruled Friday that an advocacy group for child actors can move forward with its bid to get a guardian appointed to oversee the financial interests of Nadya Suleman’s children.

Superior Court Judge Gerald Johnston denied Suleman’s motion to dismiss the guardian petition submitted by former child actor Paul Petersen, president of A Minor Consideration.

Johnston did not comment on the merits of Petersen’s petition, but wrote that California law does not require someone to be an “interested person” or “enjoy any type of relationship with the minor or minors named in the petition.”

Johnston’s ruling states: “As the paramount concern in guardianships is the best interests of children, the Legislature has not restricted the class of individuals who may petition seeking to protect those interests.”

Full Article and Source:
Suleman Loses in Financial Guardian Ruling

More information:
Judge rules against “Octo-Mom” on child finances

See also:
Suleman’s Hearing

Legal Guardian Denies Family Contact

Carol Kinnear, a retired Belleair Elementary teacher in the early stages of Alzheimer’s disease, signed an update to her trust in June 2008.

Her wish was clear: For the rest of her life, regardless of her health, she wanted to stay home.

The trust provision, her daughters thought, would assure she could do that.

On Monday, Kinnear, 78, was taken from home and moved to an unnamed facility, the act of a court-appointed guardian. She would be treated there for “high anxiety and confusion,” the guardian wrote in an e-mail. Her children, blocked from contact, were told it was in their mother’s best interest.

Earlier this year, to safeguard their mother’s estate after money had come up missing, they had filed for guardianship in a Pinellas court.

Now they find themselves the victims of unintended consequences, guarded against by the person they had sought for help.

Kinnear’s first guardian, Sandra Scott, caused her to fall after giving too high a dose of medication, said Kellee Watt, 45, of Indian Rocks Beach.

Teri St. Hilaire, who replaced Scott on July 1, didn’t return phone calls and e-mails from the daughters.

Full Article and Source:
Legal guardian denies Alzheimer’s patient her home and family contact

Sandra Scott certified with the Center for Guardianship Certification, an allied foundation of the National Guardianship Association (NGA).

Teri St. Hilaire is certified with the Center for Guardianship Certification, an allied foundation of the National Guardianship Association (NGA).

Officials Upset About Probate Plan

Officials from small towns across the Connecticut say a draft proposal to consolidate local probate courts creates sprawling districts that would be inconvenient for families.

Members of the Probate Redistricting Commission heard testimony on Thursday about a proposal from the Connecticut Probate Assembly, made up of probate judges, that reduces the 117 court districts to 50.

The commission is now charged with reviewing that plan, taking into account the concerns raised at the hearing. It must come up with a final recommendation to the General Assembly by Sept. 15.

Full Article and Source:
Conn. towns upset with probate court plan

See also:
Governor Celebrates Reform

Rell Signs Legislation

Connecticut Probate Courts

Blindsided

Suleman’s Hearing

Octomom Nadya Suleman will try to convince a judge that a guardian isn’t needed to oversee the financial interests of her children.

Suleman filed a motion to dismiss an effort to appoint a guardian to oversee her children’s financial interests.

Orange County Superior Court Judge Gerald Johnston appointed lawyer Norbert Bunt to serve as guardian over the octuplets’ financial affairs. A state appellate court later stayed that decision, pending Thursday’s hearing.

Paul Petersen and Gloria Allred say Suleman has exploited her octuplets for financial gain. She has countered that the two are suing just to promote themselves.

Full Article and Source:
Octomom To Argue For Financial Oversight Of Kids

See also:
A day after Fox show, octuplets’ mom Nadya Suleman in court over money