Court appointed predators.

The story of a $1.6 Million dollar fraudulent guardianship-- And a call to action. 

Trained to be on the alert for exploitative family members, in Washington County, MN, a system- including the law enforcement agents, social workers, and judges, who are charged with the duty of keeping our elder population safe --does just the opposite. 

Dorothy Lyons, and her son Bill have done just fine on their own, and Dorothy, whom the court calls incompetent, is still sharper than any tack at 80+ yrs old.  Enough to have run the family business and keep it prosperous enough to bring the predatory offenders to salaciously, and without feeling take it all away.  Who's assets are the court protecting?  Certainly not Dorothy's. 

One Judge granted a petition set forward by Dorothy's sister, Eleanor Hammes, to invoke an involuntary guardianship upon Dorothy, claiming that the home Dorothy had lived in for her entire life was no longer fit, and that she was being neglected.  In order to solidify her claims, she obtained a restraining order on Dorothy's son, keeping him away from the family business, the home he grew up in, and his mother, who required his assistance to eat, change, take her medication, and move about.  With Bill out of the way, Dorothy was soon removed to a care facility. 

Minnesota statute reads:

‘Incapacitated person’ means an individual who, for reasons other than being a minor, is impaired to the extent of lacking sufficient understanding or capacity to make or communicate responsible personal decisions, and who has demonstrated deficits in behavior which evidence an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological assistance.” MINN. STAT. § 524.5-102(6)

Not only is Dorothy not impaired to this extent, no evidence has been introduced to record to support this finding by the court.  This court made this decision on the word of those who could be there to testify.  This emergency hearing took place while both Dorothy and her son were hospitalized for Pneumonia.  Neither could attend, as was the intention of the 'interested parties' who filed. 

The least restrictive option

A series of threats and sabotage, such as cut power lines, disabled furnaces, and verbal threats to her personal care attendants by Eleanor's business partner (yes there were reports made at the insistence of the attendant to social services, and only after police minimized the situation so that it may be recorded should any harm befall Mrs. Lyons, and yes police assistance was requested by one PCA, who was threatened with physical harm,  yet no police report was taken).

With intent to defraud

How is the same judge who granted the restraining order on Bill not in conflict of interest by also handling his mother's guardianship? 

How can the Judge in good conscience not allow Dorothy's son at least part guardianship as is her wish, witnessed by her will and powers of attorney.

How can a lawyer, knowingly have Dorothy sign documents with her mother's social security number on them rather than her own?

How can that same lawyer ask Dorothy to re-sign documents she has already signed... only with new clauses slipped in here and there. 

I have been witness to to some of the most questionable practices I have ever imagined I would see, by both those who are there to 'uphold the law' and by those sworn to 'protect and serve.' Unfortunately, it happens often.  

Family court fraud & collusion

Judge B. William Ekstrum

Form your own opinion

Minnesota Statute states:

"Any power not specifically granted to the guardian, is retained by the ward."

MINN. STAT. § 524.5-102(6

 and

“The court shall grant to a guardian only those powers necessary to provide for the demonstrated needs of the ward.”

MINN. STAT. § 524.5-313(b). 

Dorothy's court appointed guardian has started liquidating her assets, before her very eyes, without her permission, and let me stress, her opinion has neither been sought nor honored when offered, in any of these decisions.   She has been left unattended in the nursing home facility, where her son has found her nearly unable to breathe, and has rushed her to the emergency room.
She has no recourse?  She is entitled to a 1.6 Million dollar portion of a sale of land, yet she hasn't got the funds to pay for a home nurse? Or for a prescription at times. Why? It is all tied up in the probate case in which her sister is the executor of the will.  YES, the sister who had her declared incompetent, and the same sister who filed numerous harassment complaints against Dorothy's son for doing his job at the family business, and for tending to his mother when no one else could.



This is not the only case like this.  


There is still time to stop this before she has nothing left.

This is bigger than me.  I can't help Dorothy on my own. I will go down fighting because, believe me, she doesn't deserve this, she is about as incapacitated as I am. 

This cannot be tolerated!

Show your support for Dorothy, so that she may come home, with her son, where she wants to be. For the amount of money they are spending on nursing homes and court appointed predators, they could be modifying Dorothy's home so that it meets standards and medicare will cover most of the care. 

We want to see Dorothy get a fair hearing.  One she can attend.  One at which she can give her opinion. Just like she did in the will that is not being honored, and in the power of attorney that has been cast aside, as if it were not worth the paper it were written on.  Oh, and the sale of land for $6.3 Million dollars a mere 10 days before she was declared incompetent- well nobody is contesting her signature on that official document. How much of that was promised to you Judge for your faulty decision? Or to the so called lawyer who had her sign the document? 

The real question is how much has gone to Dorothy?  Not a dime. 

Please take this quick Facebook poll and offer your opinion.

Please make a phone call in show of your support for Dorothy to:

Office of the Attorney General 
Consumer Services Division 
1400 Bremer Tower
445 Minnesota St.
St. Paul, MN 55101
651-296-3353
1-800-657-3787
651-297-7206 or 1-800-366-4812 (Toll free)
Fax: 651-282-2155
www.ag.state.mn.us 

Other links:

http://www.americanbar.org/content/dam/aba/migrated/aging/voting/pdfs/balch_hurme.authcheckdam.pdf 

http://www.robeprobe.com/head_iframe.php#

http://mn4a.org/

http://guardianlv.com/bloom-form/

http://www.minnesotahelp.info

http://www.aplaceformom.com

http://www.gtcuw.org

http://www.tcaging.org/