Guardianship in Texas Qualifies the Disqualified and Disqualifies the Qualified
Money Talks, Disability does not
All of My clients
"Money Talks, the Disabled Do Not"
I went to probate court and fought as hard as I could fight, working for free in some cases and reduced fee in others. I desperately cried for help but everyone died or was sold to the highest bidder. It was not a nightmare. It hasn’t ended yet and I fear for those still in guardianship.
These people died in the protection of the guardianship program, designed to protect. They were protected from medical care, an education at the lowest federal standard, neglected in criminal ways, and kept from doctors who could save their lives. They were handed over to private professional guardians who exploited them for money and isolated them from their loved ones as they drugged them to the point of death. "
Cause No. 415959; In re Andrew Stephen Keith Guardianship; Probate Court 3, Harris County
I am a licensed Texas attorney (1998) and certified attorney ad litem (AAL) by the State of Texas. I have represented the disabled for more than five years, with some of my work under the mentorship of Texas Education Agency Hearing Officer James Holtz. James Holtz is without question on a short list of special education hearing officers. Mr. Holtz served 25 years as a mediator and Judge for the State of Texas, charged with the duty to determine whether children received a free appropriate public education (“FAPE”), the minimum required by federal law, under the Individuals with Disabilities in Education Act (IDEA). The IDEA mandates disabled students be tested every three years unless the parent waives the testing. An IEP educational plan cannot be made without testing.
Andrew's father waived testing for 9 years after ripping him from his mother, removing him from all medically necessary therapy for autism, and warehousing him in public school, where he languished in neglect as he further retreated into himself, unable to talk. I have never seen such an egregious case of educational and medical neglect and Randall Keith did not even care that the Family Court Judge ordered him to ensure Andrew had medical help for his severe language impairment. Andrew's father waived all testing and all therapies because he did not want the inconvenience. Andrew was taken from his loving mother for revenge and to avoid paying child support with his multi-million dollar income.
I qualify as an expert under Texas Rule of Civil Procedure 702. Ironically, Judge Rory Olsen does not qualify as an expert by virtue of his lack of familiarity with special education. During the hearing, he asked “What’s an ARD?” The appointed lawyers who were board certified were qualified by the state but not qualified in reality, but were given the authority to decide Andrew's “best interests.” His Lawyer and Temporary Guardian were so concerned with making money off of Andrew as I worked for free that they violated all of Andrew's rights and three him to the wolves. Andrew could be in danger. Who will help him now? WE have no right to help him and Andrew has been stripped of his rights.
I could not remove the incompetent disqualified ad litems because the Judge decided his decision would be what they recommended and they recommended that the abusive father be appointed because the father is a millionaire who could pay their bill and his expert mother had insufficient funds.
I am also a pre-med major with three years of training at the University Health Science Center after which I studied to become a psychotherapist at the University of Houston program pre-doctorate before I went to law school. I understand dementia, autism, Alzheimers, and medical / psychological conditions more than most, although my true expertise is special education. I am also an author and member of the press. With the thousand plus hours I have given to low income Texans for free or reduced fee, I have been induced in the Texas State Bar Pro Bono College. Yet, I cannot help Andrew because I cannot beat the machine--the Texas Estates Code and probate bar.
Harris County “sold” Andrew in every sense of that word by imposing an illegal cost bond on Sharon that she could not pay. Simply for making a record of the illegal bond, I was threatened with jail 10+ times and intimidated. The person on the Legislative Committee who wrote the bond was Linda Goehrs, his own temporary guardian. His lawyer submitted her bill to be paid out of the $30,000 illegal bond, which escalated to $90,000 and his guardian, Goehrs testified that Harris County had insufficient funds to pay her bill. Randall Keith did not.
We lost before we ever filed. Guardianship was awarded to a disqualified child abuser and the Judge disqualified the qualified mother, a veriable expert in autism in my professional opinion as an expert--because Harris County has insufficient funds and Randall Keith did not. His lawyers, Fatima Breland, told us up front there be no experts because Sharon had no money. Andrew was the client she was supposed to zealously represent. Harris County had no money, so no interpreter was retained so that Linda and Fatima could understand what Andrew wanted in violation of his rights. The code mandates interpreters, but we had insufficient funds and the Ad litem, Fatima, placed her duty to zealously represent on me. Andrew was denied speech therapy, deemed medically necessary for him since age three--until the time of trial, by court appointed ad litems.
Linda Goehrs wrote the bond provision in the estates code and knew in 2012 it was not effective but she petitioned the Court to pay herself $30,000 to serve as Andrew's guardian and submitted a further bill for $90,000. Judge Olsen screamed, "you can blame Candice Schwager when you are not paid $100,000" and I suppose you can. Linda violated the rules for indigent disabled individuals and the Harris County fee guidelines and charged $375 per hour to learn on the job as I desperately fed her autism for 2 years hoping she would understand. I was not allowed to attend the special education meetings we demanded after seeing 7 years of neglect splashed through his educational record. It's clear to me why now. Andrew was never declared incompetent because Harris County refused to fund experts and his ad litems would not even talk to my expert, a man with 50 years Board Certified Experience in Special Education and Psychology who designs special education schools and charges $700/hour as an expert--but worked for Andrew for free because of Andrew.
I had to work for free because Sharon could not stay in the case if I was paid, but managed to get one speech pathologist to testify speech was medically necessary. The family court ordered that the guardian give Andrew speech therapy, which his guardian refused to allow because, as she testified under oath, "I did not understand autism." Too bad for Andrew, I suppose. Linda ended up quashing my subpoena to violate Andrew's right to testify about his wishes. He wanted to be with his mother and made no secret of not wanting to even see his father again.
The Judge was not competent because he asked during the hearing “what is an ARD meeting?” I was left in the position of trying to qualify a board certified lawyer in probate who was incompetent to testify as an expert with an incompetent judge who never read Andrew’s educational and medical file since age 3, and unable to remove them, while also unable to qualify them because they were all incompetent. I was the expert under Rule 702 and my expert opinion is Sharon, his mother, was the expert of all of us. But Sharon was disqualified for money and the abusive thief was disqualified, but qualified for money.
Linda Goehrs did not read the summaries of 864 pages of Andrew’s medical records I provided or a two year stream of emails about child abuse, as I hoped against hope that a light bulb would turn on. She’s had 2 ½ years to do so. So did his lawyer, the attorney ad litem. Linda testified that she did not allow us to take Andrew to speech therapy because his incompetent abusive father said "it was a waste of time" and she "did not understand autism." Linda committed crimes against Andrew by not providing medically necessary speech therapy, ordered by the family court judge. Apparently, she did not read the 10 years of family court files I sent to her and summarized. I gave her a pile of school and medical records 1 1/2 feet high and summarized them all. Were they read?
The Code says if a person is indigent, the County pays. When I begged that Section 665A be enforced and revealed the Legislative History, I was threatened with jail and then Judge Olsen stated on the record “Wouldn’t it be nice if Harris County had the money?" He denied my plea for a jury trial on the disqualification before he threw out mom and said I would not get a jury "because he was the ultimate arbiter of fact."
I could not disqualify or qualify the attorney or temporary guardian because the judge never understood they weren’t qualified under the rules of evidence. And at the end of the day, I ended up representing Andrew and my client in a system that cared only about money and we had insufficient funds to beat the system. I lost and Andrew is a hostage because these reckless incompetent people think they are competent and have no idea what they have just done. I do and I am horrified. Now Sharon cannot file any more court actions or she will "never see Andrew again."
When the case began, I prayed Charles Bearinger would stick with us. He volunteered pro bono when his rate is $700/hour. I offered him to Linda and Fatima and they did not call him on the phone or to trial. I could not call him because he was afraid to testify. Charles is Board Certified in Special Education and Psychology/Counseling with a combined total of more than 50 years of experience. The case was tragic and I fear for Andrew's life because Randall once told his older son, who got away, "no one will hear you cry for help now." Imagine Andrew's nightmare.
Cause No. 380624; In the Guardianship of Willie Jo Mills, deceased, Harris County Probate Court 4
In December of 2013, I sought a TRO to save the life of Willie Jo Mills—notifying the Judge that death was imminent if the TRO was not granted. Willie Jo Mills died being starved with only spoonfuls of water as she was given morphine Haldol and Valium and died in hospice, when she had only a urinary tract infection. The reason? The guardian was incompetent and the Doctor had a conflict of interest. Dr. Guerini was bought out and almost lost his license for being loose with pills for cash. Dr. Guerini was the doctor who put Willie Jo in guardianship illegally with no due process, as the attorneys appointed to protect her signed a Rule 11 Contract stripping her of her rights and placing her in a lock down facility.
Dr. Guerini was the doctor who the guardian, David Dexel, used to try to place Willie Jo on hospice in 2012 when she only had a urinary tract infection. Guerini was the Doctor was her treating doctor at Emeritus but also had a side job as medical director of hospice. He placed Willie Jo in guardianship illegally with no jury's finding of incompetency as she cried "why are you doing this to me?"
Willie Jo was dying for a drink. Willie Jo DIED WHILE THE COURT DENIED MY PLEAS TO HELP HER. I filed two TROs and three motions for a jury trial but after being threatened to get out, Sherry learned that speech is not free. Sherry happened to be present at the recusal hearing in Sharon Keith’s case. She was critical of the Judge, but fair. I don’t know if I will ever get over thinking that the affidavit she filed against Judge Rory Olsen to recuse him cost her Willie Jo. Sherry almost felt as if her mother’s death was intentional. Sherry was the expert when it came to her mother. But Sherry was disqualified for making people angry by making too much noise.
Dr. Guerini was called back in 2014 to finish the job and placed Willie Jo on hospice because of “family conflict," rather than any illness. He said that on tape! Family conflict is the reason families lose their loved ones. Sherry was denied guardianship because of family conflict and her power of attorney was ignored. Willie Jo Mills was never evaluated by a physician who wasn’t biased against her for continued payments from her own money.
Lawyers made hundreds of thousands of her money to neglect and kill her. The Court signed an Order taking her millions into a Court created Section 867 Trust prior to the illegal rule 11 contract which placed her into guardianship against her will by the signatures of lawyers with a duty to oppose the guardianship. They would not honor the estate planning documents naming Sherry because of family conflict, but the person objecting was Sherry's brother, who lacked standing to object by virtue of his theft of several hundred thousand from his mother's estate prior to guardianship. Sherry sued him in district court and he was forced to return the money but the Court then seized it against Willie Jo's rights as she cried for weeks, desperate to stop them.
The Judge knew this and ignored it, allowing the unqualified brother's power of attorney to control, while blocking the caring daughters from access to information and their mother with threats of trespass if they rocked the boat. Willie Jo was taken to Methodist at which time medical records were shredded which stated what foods, liquids and medications she was given. Willie Jo had to sign herself into the Methodist Hospital as she was left with a note on her stomach from her guardian and Sherry by her side. The prior court coordinator of Probate Court 4 who was so incompetent, I have hardly ever witnessed a more reckless guardian being in charge.
I saw Willie Jo within days of her death and will never forget the feeling that she was blind. She was terrified and her eyes did not track my movements, so I quietly stepped away. I later learned that her official cause of death was multiple organ failure involving untreated diabetes, all of which puzzled everyone because she did not have diabetes. The pain of watching your mother die slowly and painfully is inconceivable but for watching it in Realtime.
Reports of abuse, exploitation and neglect were made to the Department of Aging and Disability, who has jurisdiction over assisted living facilities. It was at this time I learned that out of 78,000 Texas facilities, only 11-actions were pursued by the Attorney General, suggesting that Texas’ elderly were doomed without even knowing it.
Cause No. 415959; In the Guardianship Application of Ruby Peterson; transferred from the District Court of Harris County to Harris County Probate Court No. 1
In July of 2014, I filed an application for emergency TRO and Temporary Injunction to save the life of Ruby Peterson. After 4 days of testimony, establishing that she was being falsely imprisoned and assaulted via illegal chemical restraints (Seroquel, FDA black box warning), the injunction was summarily denied. The emergency that took Ruby’s life was Seroquel, which is NOT to be given to elderly patients with dementia—particularly if they had cardiac complications, which Ruby did. Despite my pleas, the Court ignored Ruby’s screams for help and she died January 2015 after being ill a mere three days. In the life of an elderly individual, three days can be fatal. I can hardly describe the emotional suffering her children have endured.
I was sickened to see lawyers sit around waiting to be paid after not even pretending to comply with their duties as ad litems. Jill Young, guardian ad litem and Russ Jones, attorney ad litem, read books and never even paid attention as the hearings which would decide the fate of a now dead mother--proceeded through 4 days. The expert retained by Sarah Pacheco, Dr. Chris Merkl, testified on the stand that he was retained to create a legal document stating that Ruby was incompetent (when the Code says she is presumed competent and the doctor admitted not knowing the law). Dr. Merkl testified that he “just gets together and DECIDES WITH SARAH PACHECO whether people are incompetent or competent, stating that a few occasions, Sarah had the idea that no guardianship was needed, so he found them competent and SARAH was perfectly happy with that. I have no doubt that was true but was shocked he admitted it under oath.
Our Doctor was extremely qualified and the Judge fought to not allow him to see Ruby, but reluctantly gave me a two hour window to get an expert with a huge practice from San Antonio to Houston and try to make the deadline. We did it and his report was phenomenal, revealing Ruby had cardiac insufficiency and would die if she did not get treatment. The Judge denied subsequent visits to follow up on Merkl’s gross negligence of not treating Ruby’s cardiac insufficiency, which caused her to fall and almost bust her skull at Silverado.
Silverado threatened me and my clients with federal crimes, requiring us to remove my blogs and videos of Ruby screaming for help from the internet--or my clients would not be able to see their mother again. The Sugarland Police threatened my clients with arrest for trespass for trying to rescue their mother, saying my clients could see their mother "when she's dead." Ruby's lawyer threatened the only doctor who could save her life because he was going to ensure her heart was treated. She died surrounded by medical professionals exactly as we said she would.
Ironically, the daughter and son responsible for her death, Carol Ann Manley and David Peterson, knew that their mother fell and that her skull almost cracked at Silverado Senior Living. They also knew that their power of attorney gave them no authority to falsely imprison her, as did the Judge. Yet the Judge refused to "Let Ruby Go" and punished me with $15,000 sanctions for making too much noise. ,Dr. Merkl did a fellowship in Cardiology and testified he and Dr. Lalani were looking to see if the cause of Ruby’s confusion was her heart. Dr. Merkl knew too but was too busy creating legal documents and handing over his medical license to a lawyer, Sarah Pacheco. Why?
Ruby was never getting out. Ruby wanted to disown Sarah’s client, Ruby's daughter, Carol Ann Manley, from inheritance. Carol Ann devised a scheme to lock her mother up at Silverado Senior Living until she died so that the Will could not be changed. My clients were threatened with arrest for trespass because Ruby was "their property" and we were trespassors in their mind. Ruby was presumed competent until proven uicompetent by a jury trial that never came and she died. Ruby was kidnapped and falsely imprisoned in the protection of the probate court and never determined incompetent. She was presumed competent by the law but the Judge refused to let her out.
Doctor Merkl should return to practicing medicine if the Medical Board does not strip him of all licensing. He is a doctor and never assessed Ruby's competence because he and Sarah Pacheco "decided" Ruby was incompetent. The problem is that Sarah is board certified and the Doctor knew better, but violated the very code they tried to use to incarcerate her. The reason? Truth is irrelevant. Money is not. Merkl was not a member of the AMA, which is why he said all elderly should be locked up over 65 forever against their will and drugged illegally. Merkl also testified that it's okay to lie to patients to get them to take dangerous psychotropic drugs that kill because the ends justifies the means.
Ruby was drugged by Seroquel, which is fatal for heart patients and denied a pacemaker which would have saved her life because apparently, that was not the goal. Ruby's son David Peterson testified that “if you gotta lie, you gotta lie. Bill Clinton did it.” We tried to introduce the fraudulent Will David Peterson, Ruby’s son, admitted to probate, as he bragged to his sisters and brothers that he stole his cousin’s inheritance by having a disabled aunt with dementia change her will at 98 for $300. The Judge refused and we were accused of being on a witch hunt by Sarah Pacheco.
Ruby was kidnapped and assaulted with dangerous psychotropic drugs at Silverado Senior Living by CAROL ANN MANLEY AND DAVID PETERSON, with the help of Sarah Pacheco and Dr. Chris Merkl. RUBY PETERSON’s medical records (entered into evidence by her own lawyer) demonstrate false imprisonment and repeated assaults—crimes. Ruby was found screaming and crying to leave SILVERADO or drugged to the point of being passed out in her wheelchair.
Not once did any of DEFENDANTS’ five+ lawyers and guardian ad litems deem their crimes problematic! Russ Jones mocked Ruby as he entered her records and sealed her fate—and left for golf. Her lawyer never read the medical records he introduced into evidence against his own client, because they had instance after instance of falls for the low blood pressure and blood pressure low, high and everywhere because it was not regulated. Ruby's lawyer was Board Certified and I was not. But Russ Jones only wanted to get paid. I wanted to help save Ruby's life. I lost and was mocked throughout the entire proceedings. She died in 6 months and the Judge punished me $15,000 for too much publicity.
RUBY PETERSON DIED OF NEGLECT WHILE SURROUNDED BY MEDICAL CARE PROVIDERS. RUBY’S LAWYER threatened Dr. John Tennison, M.D. with arrest for trespass if he came on the premises again with not one shred of evidence that his refusal was reasonable--simply because he was the Dr. we brought and we were not going to win. The mediator suggested we file kidnapping and criminal false imprisonment charges--seeing the crimes. Why didn't all of the "experts?"
Dr. Tennison was the only physician to deem RUBY’S cardiac problems important enough to follow up on but when he attempted to visit her, Dr. Tennison was threatened with arrest for trespass. Keeping Dr Tennison away probably killed her.How can experienced probate lawyers be so ignorant? RUBY PETERSON was a person in need of protection while in the protection of Harris County probate courts. RUBY was isolated in a predictably lethal combination of circumstances. Ironic is the fact that the entire system designed to protect RUBY killed her. Absurd results: the lawyer that Ruby told to hire was sanctioned for making too much noise to get her out of Silverado!
In re Lynn Paxton Guardianship, 2010; G-00204, In the Probate Court No. 2 of El Paso, County, Texas
This case is one of the most unbelievable cases I have ever had, but no less tragic. It has gone on for 6 years and is now in the appellate court because the Judge wrongfully dismissed my bill of review to free Lynn Paxton, incapacitated, from her exploiter, Terry Hammond. Terry Hammond is the one who started this nightmare in Texas as he ran through the legislature throwing Adult Protective Services under the Bus to build his empire of human trafficking to get rich while exploiting his own clients. Hammond is the former executive director of the national guardianship association. He has sold this nightmare to 38 States and is quoted by the media as some kind of hero. If they only knew. Terry Hammond is unqualified to serve because he serves himself, not the disabled people he is appointed to represent.
Terry's scheme involves abusing the El Paso County Indigent Fund by lying about the funds and resources disabled wards have to "make" them appear indigent when they are not. In doing so, the County pays his exorbitant attorneys' fees which he is now trying to hide by sealing cases of disabled and elderly "hostages" he keeps for profit. He manipulates the judiciary and bragged about getting the Honorable Judge Yvonne Rodriguez to lose an election so he can pick judges who will rule in his favor. Judge Rodriguez is now an honorable justice of the 8th Court of Appeals.
Hammond has sealed Lynn’s case to hide from me, a lawyer trying to help her, because he wants to hide his fee bills in violation of the Texas Public Information Act and Supreme Court Orders mandating fees be disclosed to the Office of Court Administration of Texas. Indigent fees will soon not be funded to counties if attorneys do not report and 40% are not reporting.
Hammond was hired by a woman whom I believe has mental problems in 2008, Miriam Lundy, to file guardianship over her father, George Paxton, deceased. Hammond knew it was not legitimate but filed the guardianship to stop George from moving his very disabled daughter out of a State Supported Living Center to El Paso--to be close to family. In doing so, Hammond sought to violate the Olmsted Act because the elderly and disabled have a right under Title II of the ADA to be integrated in the community with family and friends. After losing the TRO in Abeline to keep Lynne incarcerated for life, the guardianship in El Paso was dismissed by Hammond, proving he was manipulating the process and lying.
Terry Hammond non-suited the guardianship and neither Miriam, Terry, or any of the heirs currently trying to bankrupt my clients, Lorri and David Burnett, complained about the care Lynne, George, or his ailing wife Helene received--until they died and money became the objective. The Judge of Probate Court No. 2 certified that George was competent by renewing George's guardianship of Lynne in 2011 after court investigator, Raquel Lauretano certified George was competent.
The heirs of Helene and Miriam, who was disowned by her father for stealing $85,000 from him, proven by Adult Protective Services, then sued the loving caretakers, Lorri Burnett and David Burnett and tried to extort them for every penny they have in malice. Whereas before the deaths of Helene and George, Lorri and David were praised for their amazing care of all three as they aged and needed more advanced care, suddenly once George and Helene died, Lorri and David became the targets to steal everything they own. Why? Lorri and David were convenient targets because they were not blood relatives.
Never mind the fact that the heirs treated Lorri like a sister for 45 years and helped design the nursing home environment that has become their home. Never mind the fact that George and Helene paid Lorri only a fraction of what they would have paid in a nursing home and she worked 24/7 taking care of three bed ridden people at one point. Never mind that every lawyer has admitted Lorri's care was immaculate. The guardian who was pressured to remove Lynne from Lorri--causing 6+ years of suffering to Lorri because Lorri truly loved her angel, Lynne.
They want money and will commit extortion and a litany of federal and state crimes to forcibly take it from Lorri and David, believing they cannot lose. This is despite Lorri having years of training and advanced state certification to care for Lynne before she was ever permitted to leave the institution. Lynne has cerebral palsy and Helene, George’s wife had Alzheimer’s. George was just up in age and though he has never been deemed incapacitated, 19 lawyers have looted his estate as Lorri, David, Coleen Paxton (Lynne's cousin), and I fight to save Lynne.
The same Judge who determined George was competent to remain Lynne's guardian in 2011 now is considering taking the home Lorri and David bought in 2007 and bankrupting them--when no one has any evidence they ever did anything wrong. The Burnetts are in a nightmare that we cannot escape because the lawyers are extorting her to give up her home or face $150,000 in sanctions and costs, to stay in a case they cannot get out of because they are Defendants. They also seek a like amount in costs for the guardianship of Lynne Paxton, incapacitated, when Lorri was wrongfully kicked out of the guardianship of Lynne twice and is no longer a party. The true agenda is Terry's attempt to pull the case out of the appeals court in a court that no longer has jurisdiction.
The title company is defending them, as am I and a board certified appellate Lawyer. An appellate attorney is fighting their efforts to rip the case out of the Court of Appeals with a cost bond after the plenary power of the trial court has expired. I am fighting with him and we are finally gaining some ground after 6 years.
Lynne is being exploited by her own lawyer who really works for Miriam Lundy, but is pretending to represent the best interests of the disabled person, Lynne. Lynne is the virtual prisoner of her exploiters and the family is threatened for trying to see her. The file is now sealed, which violates the Texas Public Information Act and Supreme Court Order mandating transparency in attorneys' fees. No hearing was held to seal it. It was ex parte, like everything Terry does. Jury trials are denied and people are punished for trying to help their loved ones. The qualified are disqualified and disqualified are qualified.
Lynne is in the HCS program and her guardian, Lisa Lunceford, does not even know what that is. She waived the benefits for Lynne. Now that she sees the financial benefit and ability to exploit more elderly and disabled by the HCS waiver program, she is educating herself. But Lorri was the only person qualified to care for Lynne and Lorri is threatened with restraining orders for even trying to see Lynne or send a Christmas Card. Lorri is being blocked from helping others because they do not like her. People could be helped if the experts knew what they were doing and were not exploiting the people they were entrusted and have a duty to protect.
Judge Max Higgs said ithat Lynne Paxton should never have been removed from Lorri and David’s care. They were the most qualified, but were disqualified by Terry Hammond’s schemes to exploit Lynne. Terry Hammond is disqualified but was qualified by the system that exploits rather than protects. Lynne's cousin, Coleen Paxton, has said she no longer believes in justice. I’m not sure I do either.
I have many more cases and people calling me from Florida, New York, and Georgia. My phone is ringing off the wall and I cannot help them because I don't have funding and neither does Harris County. I am left fighting a battle I cannot win. I need your help.
The Senate is considering multiple bills to protect the disabled and elderly because the Texas Estates Code does not protect them. A hearing was held by Senator Joan Huffman Monday of the State Affairs Committee and victims of the guardianship program testified. Senator Huffman has vowed to do an interim study on guardianship. Get involved and help the elderly and disabled in this cause! Your loved one could be the next "cause number" in probate court and your personal nightmare will never end.
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