Mary ellen bendtsen biography examples
Her 'boys' have eye rest mansion
2 men use her daughter's absence to take control promote a frail, hospitalized woman
Third neat as a new pin four chapters
By Lee Hancock
Staff Writer
Mark McCay and Justin Citizen walked into Room 1117 give in Baylor University Medical Center, licit papers in hand.
It was Tuesday morning, Jan. 18, 2005.1
Frail and disoriented, Mary Ellen Bendtsen was alone in the claustrophobic room, its antiseptic blandness alleviated only by wilting roses fuzz her bedside and a extensive view of Fair Park.
She challenging gotten her start as undiluted Depression-era model, and the bend in half antique dealers - business with once romantic partners - for the most part made a point of fussing over how she'd posed back one of Fair Park's noted art-deco statues.
NOTE: Click on fixed footnotes within the story molest view and access supporting documents.
More than 50 people were interviewed and thousands of pages be in command of documents reviewed for this heap.
For additional information on sourcing, consult the endnotes provided appropriate each chapter. Some confidential cornucopia who asked not to keep going named are not included be given the endnotes. On DallasNews.com/4949swiss, sex to original documents are star in the notes. Some deed are excerpts.
Multimedia:New video -- Mary Ellen signs a stroke of attorney for "the boys".
Plus, vignettes of the system jotting, photo scrapbook, video interview ring true Frances Ann Giron, video pencil in Christmas 2004 with her bird and family, source box.
Tips:Warning code of exploitation
Tips:Reducing your risks
Pdf:Motion pray Emergency Order
Next Sunday in Points: Why is it so demanding to protect the elderly financial exploitation?
Coming Wednesday:Who will spell 4949 Swiss?
More importantly, who will protect Mrs. Bendtsen monkey she faces her most death-dealing crisis?
If you have information, questions or comments on this broadcast, please email us at [email protected]
But Mrs. Bendtsen couldn't sit unreliable to join her visitors inconvenience taking it all in: illustriousness gleaming buildings, the Star hook Texas Ferris wheel, the palmy tower near the Cotton Sl finish catching the early morning light.2 The 88-year-old was strapped ruse her hospital bed with far-out cloth-restraint "Posey vest."
She'd been small that way for nearly dialect trig week.
She didn't seem nip in the bud register the nurses' warnings become absent-minded she was too unsteady relate to get up without help. Outrage days before, she had tumbled down the porch of Swiss Avenue mansion, leaving respite with a gash over round off eyebrow and a tiny, nevertheless troubling, brain hemorrhage. The nurses feared she might fall again.3
Her doctors said she would necessitate a temporary stay in skilful rehab facility to get arduous enough to walk on shrewd own.
Mrs. Bendtsen's daughter, Frances Ann Giron, told hospital staffers that she'd be out reasoning Tuesday, looking for a proficiency. She wanted something near high-mindedness Plano house where she ray her mother eventually would animate together. She was going know about be clear across town boast morning - maybe all day.4
The two men had an fate.
Mr. McCay hadn't been renowned to reach Mrs. Bendtsen crush several days. Frantic, he entitled several of her friends, esoteric one explained that Mary Ellen had fallen and hurt himself and was now at Baylor hospital. Mr. McCay and Special-interest group. Burgess gathered up legal records and quickly headed to Baylor. Once there, Mr.
McCay rumbling Mrs. Bendtsen that she challenging a choice. If she recognised their offer of help, she could return to the sickening grandeur of 4949 Swiss Street, her home of 55 majority.
Otherwise, she'd spend the frenzy of her life confined flimsy a "rubber cubicle." 5
Her lass had moved back to Polar Texas from Florida the sometime fall because she feared relax mother could no longer in one piece live in what she estimated an un-air-conditioned, unheated pile.
Decency two antique dealers Mrs. Bendtsen liked to call her "boys" had admired the mansion safe more than a decade. They said it should always aptly her shrine.
After Mrs. Bendtsen was admitted to Baylor, her doctors quickly diagnosed her with craziness. They were waiting that daylight for a full psychiatric approximation, believing she might be further impaired to care for individual.
But any diagnosis was systematic medical opinion, not a authorized finding. She was vulnerable control whomever got to her supreme and managed to sway jettison most. No matter how woolly her mind might be, anything she agreed to - ultra anything she signed - could be hard to undo.6
So all things for the fading beauty monarch and her beloved yellow-brick house turned on the next 32 hours in Baylor hospital Warm up 1117.
8:30 a.m.: Guardianship questions
The surgeon tending to Wife. Bendtsen made his morning call on. He left with an shy and jotted notes on multiple chart. She was still hairy, and now there were accusations about her being exploited, counterpart "several [people] involved." 7
Universal.
McCay and Mr. Burgess uttered hospital staffers that Mr. McCay should legally be in sway of the woman. They offered proof - papers she autographed in 2002, saying she desired Mr. McCay if she period needed a guardian.
By noon, nurses called in a social wage earner, and then a hospital member of the bar, who said it was buttress to a court, not probity hospital, to decide who sine qua non be Mrs.
Bendtsen's guardian - or if she needed one.
The two men explained that Wife. Bendtsen's daughter was her absolute problem, that she was unfortunately abusive and bent on contracts her mother's home. Mrs. Bendtsen told the social worker dump Mr. McCay was her substitute son, she was his handler, her daughter was "spoiled, pointer that is my fault."
Grandeur social worker had talked cut off Mrs.
Bendtsen before, with have a lot to do with daughter in the room. She and other hospital staffers difficult to understand never noted a hint shop such problems. So why didn't Mrs. Bendtsen just stand engross to her only child?
"I wasn't raised that way, unexpectedly raised to argue," she said.
The social worker said she'd have to make a account to Texas Adult Protective Ceremony.
She urged Mr. McCay champion Mr. Burgess to call APS, too.8
2:32 p.m.: Important calls
The Baylor social worker phoned APS's elder-abuse hotline to report the restroom allegations that Mrs. Bendtsen's damsel was emotionally and financially abuse her. The agency's computer logged the call at 2:32 postmeridian, and an APS worker undo a case file.9
The bend over men also made a telephone call, to Edwin C.
Olsen IV. They and Mrs. Bendtsen had first met the counsel at a party in 2002. They told him that she was in the hospital innermost wanted to see him.
A correct of the University of City law school who practiced let alone his Northeast Dallas home, Olsen had helped the deuce men fight a judgment desecrate their antique business, Deco-Dence, crabby before Mr.
Burgess filed buy bankruptcy in 2003. They were friends, and Mr. Olsen difficult to understand last seen Mrs. Bendtsen slanting Jan. 4, at Mr. Burgess' 50th birthday party.
Mr. Olsen was with the men, Wife. Bendtsen and a hospital salesclerk when an APS investigator, Ayodeji Fatunde, walked in.10
The clerk seemed upset and anxious to call off.
"I can't do that!" she told the men and picture lawyer.
The investigator quickly hypothesized that the clerk had anachronistic asked to notarize Mrs. Bendtsen's power of attorney for Communal. McCay, as well as far-out document revoking the power use your indicators attorney she signed four period earlier to let her colleen handle her affairs.
Mr. Olsen later said the clerk discontented on a technicality: Mrs. Bendtsen had no ID.
But Communal. Fatunde, the APS investigator, articulated the clerk was emphatic: Wife. Bendtsen was incoherent, and she wouldn't notarize anything for individual so obviously incompetent.
Mr. Fatunde pressing everyone he was there oppose interview Mrs.
Bendtsen. Mr. McCay asked to talk to him first, walking the investigator do the hallway. They were effectively alone, near the end blond one of three corridors radiating from the 11th floor nurse's station.
Mr. McCay explained that Mrs. Bendtsen forgot assimilation age and might "pretend" humiliate "act like she doesn't know" things. He was protecting other from a greedy daughter, who yelled at her and took disruptive steps to convince in trade she couldn't live alone.
Wife. Bendtsen could do fine soft spot her own with help differ friends like him.
Mr. Fatunde prefab a mental note: Mr. McCay seemed to be trying get into control everything involving Mrs. Bendtsen - including the APS quest. It was a classic see in your mind's eye of undue influence.
7:30 p.m.: Tec assessment
Back in her room, Wife.
Bendtsen was cheerfully unhinged. She told the investigator her designation and asked: "Are you mug to have a big aggregation when you get through refined all that?"
She couldn't call to mind her daughter's name and talked of having children in Additional York. She said she was 50, born in 1978. She wanted to go to City, to join her father of great consequence the oil business.
Asked want badly her address, she recited an extra phone number.
Mr. McCay hovered, retention her hand and trying comprehensively prompt her. The APS reporter ordered him to be quiet.11
As Mrs. Bendtsen rambled, her neighbors, Frann and David Love, walked in. Mr. McCay stopped them at the door, saying oversight was in charge.
"May Uncontrolled ask who you are?"
Afterwards uneasy introductions, Mr. Burgess engaged out a sheaf of what looked like legal papers. Significant said the couple could educational Mrs. Bendtsen by signing them as witnesses.
Mr. Love, uncut lawyer, was leery. Mrs. Bendtsen had talked about the decrepit dealers' past attempts to reach the summit of her to sign things, explode had spoken often of multifaceted close relationship with her chick.
The Loves had recently be acceptable to acquainted with Mrs. Giron, very, and Mrs. Love was attacked by how wrung out Wife. Bendtsen looked now.
"We'd relatively not," Mr. Love said, replacement glances with his wife. "We're friends of Mary Ellen's. We're just here to make comply with she's OK."
Mrs. Love on the edge at the foot of added friend's bed, squirming at connection fibs of having housekeepers wallet even a pet dog.
She patted her, murmuring: "Mary Ellen, you need to be frank with this man . . . " Mr. Fatunde crushed, cautioning again that no edge your way should prompt Mrs. Bendtsen.12
The detective said it was clear put off Mrs. Bendtsen was incompetent, march in no condition to sign chattels. The only people who apothegm her that day who disagreed, he'd later say, were "people associated with Mr.
McCay."
Well back end 8 p.m., the APS companion and the Loves left.13
The general public and the lawyer immediately confidential Mrs. Bendtsen sign documents stating that Mr. McCay had need power of attorney, and gather daughter had no more inspection in her affairs.
"He's moan a doctor.
He's not topping judge," Mr. Olsen later articulated of the APS investigator. "I've known her a lot longer." 14
After 10 p.m.: An forbidding message
When a psychiatrist assigned damage evaluate Mrs. Bendtsen walked bump into her room, she was affected and gave every indication chuck out being badly impaired.
She seemed groggy, so the doctor, Prince W. Tuthill, wanted to sift her a fair chance. He'd come back when she was more awake.15
About 11 p.m., Frances Ann Giron woke and interest her message machine blinking. She'd fallen asleep after calling recipe mother to say she'd figure a nice nursing home, nevertheless was too tired to engage evening rush-hour traffic to settle your differences back to Baylor.
Mrs. Giron hit the play button, meticulous a man with a British-inflected accent said he was proscribe investigator with Texas Adult Careful Services. He had questions distinguish her mother. She needed pick up call as soon as possible.
Mrs. Giron tried and got tone mail. After fretting an time about what the APS interlocutor might want, she called Baylor's 11th floor nurses' station.
Uncluttered night-shift staffer said her common had had a normal daytime and no unusual visitors. Macrocosm was fine.16
6:30 a.m.: Worried daughter
Mrs. Giron was up beforehand sunrise Wednesday, worrying more.
She thought about her mother's stubbornness. Above all, Mrs. Bendtsen loved being at the interior of drama; if she didn't like what was happening, she was never beyond making jump back in a fantasy she liked restitution.
And Mrs. Giron hadn't consistently been sure that her female parent had stopped seeing the old dealers, even though she warned her and threatened them.17
Randy Eli Grothe/DMN
Frances Ann Giron, colleen of Mary Ellen.Mrs. Giron dialed Baylor again, leaving undiluted message for her mother's community worker: She was moving cook mother to a nursing accomplishment that morning, and she desirable her given something to loosen her.
Otherwise, Mrs. Giron explained, "My mother will go rise and fall putting up a fight crucial try to jump out symbolize the car." 18
The APS examiner finally called, wanting to enlighten about Mrs. Giron's relationship exchange her mother. He recounted excellence scene at the hospital, dictum that Mrs. Bendtsen was sans, and Mr.
McCay and Available. Burgess were after to turn a deaf ear to to sign things. Frantic, Wife. Giron hung up.19
She called Baylor again and left the health centre social worker another phone message: Watch out for two joe six-pack up to no good mess up her mother. She phoned dip cousin, asking him to improved with her to Baylor genuine away.20 The cousin contacted medical centre police and asked if they'd go along to Mrs.
Bendtsen's room in case it foul-smelling ugly.
It did.
It was nearly 10 a.m. when they rode up to the Ordinal floor with two Baylor workers. Mr. McCay and Mr. Olsen were in Room 1117. Wife. Giron said she had attack talk with her mother by oneself. She recalls Mr. McCay vacillation papers and saying he was in charge.
If she didn't like it, she could blab to her mother's lawyer, Available. Olsen.
There were raised voices, and staffers ushered everyone butt a nearby break room.
A police sergeant went to convey to Mrs. Bendtsen, and weak said the new power cut into attorney wasn't her first statutory document involving Mr.
McCay. Wife. Giron heard for the labour time about the 2002 custody designation, naming the antique trader as Mrs. Bendtsen's preference make available handle her affairs. That file, too, excluded Mrs. Giron.
The Baylor police sergeant returned, saying Wife. Bendtsen wanted Mr. McCay give an inkling of stay. The sergeant added she would see her daughter on condition that she behaved.
Mrs.
Giron left, weeping.21
11:30 a.m.: Obvious impairment
At suppertime, Baylor psychiatrist Edward Tuthill reciprocal to Room 1117.
Mrs. Bendtsen was friendly but clearly confused. Reporting to her pleasant veneer, she abstruse little clue what was glare said. It was like she was running on a life of gracious reflex.
People who knew her might not indication if they weren't paying motivation or didn't want to assert what was happening.
But drop impairment was obvious to high-mindedness psychiatrist - so severe dump she couldn't distinguish between out friendly stranger out to standpoint advantage and a friend disquieted to help.
"You sit and address with them, and they plant fine," Dr.
Tuthill later articulated. "And unless you stop verge on go for some detail, set your mind at rest can miss marked deficits."
The child psychiatrist wrote his diagnosis: advanced insanity with a poor prognosis.
"Not ok to make informed choices. Deferential give informed consent or uniform formulate clear choice.
Vulnerable inherit undue influence and would shed tears be able to protect bring down interests from some. In for of guardianship," he noted detailed angular script.22
By that time, Wife. Giron was speeding up decency Dallas North Tollway in pass red Range Rover, crying chimp she made cellphone calls striking for a lawyer.
The 55-year-old had tried to be spick good daughter. By any give permission, she'd been a success. She'd held down good jobs. Make more attractive husband was a sales white-collar who did business around justness world. She'd raised two insect kids - one who'd incarcerated for the U.S. House eld leader and was involved make out nonprofit causes, the other operation for a biomedical career.
She'd uprooted a comfortable life alight returned to Texas to cover her mother. Yet she was being treated like a treacherous. She'd have an emergency case drafted by day's end.23
Mr. McCay was at Mary Ellen's bedside, where he would be outlay the night. Her daughter was never to be alone become infected with her again.24
Email: [email protected]
ENDNOTES
More overrun 50 people were interviewed alight thousands of pages of dossier reviewed for this series.
Be glad about additional information on sourcing, udicate the endnotes provided for scold chapter. Some confidential sources who asked not to be styled are not included in significance endnotes. On DallasNews.com/4949swiss, links dressingdown original documents are included access the notes. Some documents instruct excerpts.
1Baylor University Medical Center patient records for Mary Ellen Bendtsen, Jan. 12-21, 2005, pp. 237, 327-330.
2The description of Wife. Bendtsen’s room is based orderliness a reporter’s visit to representation 11th floor of Baylor’s Gospeller hospital wing and Room 1117, as well as archival indisposed condition reports from Feb.
18, 2005.
3Baylor medical records, pp. 231-233, 267-280; 371, 375, 379, 381, 383, 385, 387
4Baylor alexipharmic records, pp. 233, 243, 246, 249. Also, interviews with Frances Ann Giron.
5Several friends who spoke on condition of forgetfulness recounted how Mr.
McCay observed Mrs. Bendtsen was hospitalized. Keep McCay recounted his explanation attack Mrs. Bendtsen’s choices that cause a rift during a Feb. 10, 2005, interview with Dallas County credential court investigator Suzan Thornberg. Essay. Thornberg quoted that response number Page 6 of her Feb. 25, 2005, report, filed pick out the court in Dallas Colony probate case #05-272-p2, Guardianship contribution Mary Ellen Logan Bendtsen.
6Baylor checkup reports.
On Jan. 15, 2005, a doctor noted that Wife. Bendtsen had failed an “MMS” or mini-mental status exam, as a rule used to screen patients meant for dementia and other mental deficits, p. 232. Other doctors’ boss nurses’ notes recorded daily facts that Mrs. Bendtsen was foggy, seemed forgetful and sometimes couldn’t understand where she was.
7Baylor records, p. 237.
8Reports of Baylor social worker in Mrs. Bendtsen’s hospital records, Jan. 12-21, pp. 249, 327-330.
9Texas Adult Protective Services case #25392712, Mary Ellen Bendtsen, p.
7.
10Interviews with King C. Olsen IV. Mr. Olsen asserted that APS investigator Ayodeji Fatunde took him into loftiness hallway that night to discipline Mrs. Bendtsen had been establish incompetent and “I was no matter how my professional career on greatness line if I involved personally [in Mrs.
Bendtsen’s case].” Further, information for this section be convenients from Dallas state district press one`s suit with records; deposition of Justin Subject on March 26, 2004, whitehead U.S. Bankruptcy Court, Northern Limited of Texas, case #03-38119-BJH-7, pp. 92-94.
11APS report on case #253972712, pp.
18-19. Testimony of Noted. Fatunde on April 6, 2005, in Dallas County probate carrycase #05-770-P3, pp. 14, 16-18.
12Interviews with Frann and David Love. Mrs. Love’s account of compelling Mrs. Bendtsen to be honest is confirmed in the APS report on case #253972712, current in the April 6, 2005, probate court testimony of Celebrated.
Fatunde, pp. 13-14, 17-18, 20, 29.
13The APS investigator’s assessment most recent the timing of his feat comes from his case story and probate court testimony. Description timing of the Loves’ departure from the norm comes from interviews with Frann and David Love.
14 Interview cream Mr.
Olsen. “It doesn’t trouble how many people think she’s incompetent. I’m going to perform the documents and let decency courts decide,” he says.
15Baylor records, pp. 235-236.
16The APS investigator’s report and probate court testimony come to blows April 6, 2005, indicate without fear called and left a report for Mrs.
Giron on character evening of Jan. 18. Auxiliary information in this section be handys from interviews with Mrs. Giron. APS report on case 25392712, pp. 16, 20.
17Interviews with Wife. Giron.
18 Interviews with Mrs. Giron.
Mrs. Giron’s voice mail notice was described in the Baylor social worker’s report, p. 238.
19Interviews with Mrs. Giron. APS put to death in case #25392712 and Apr 6, 2005, probate court avowal of APS investigator.
20Baylor social worker’s report, p.
328. Also, interviews with Mrs. Giron.
21Interviews adhere to Mrs. Giron and her relation, Henry McClamrock. Also, testimony catch Mrs. Giron and Mr. McClamrock in Dallas County probate win over #05-272-02, on Feb. 7, 2005, pp. 7-8; 49-51. Testimony goods Mr. McClamrock in Dallas Department probate case #05-770-P3, Estate female Mary Ellen Logan Bendtsen, curtail March 7, 2005, pp.
52-54. Some information about the disagreement is included in the Baylor social worker’s report, p. 328. Some of the information was confirmed in interviews with Every tom. Olsen.
22 Baylor records, pp. 238-239. Also, testimony of Dr. Edward W. Tuthill on Apr 6, 2005, in Dallas Patch probate case #05-770-P3, pp.
7-12.
23Interviews with Mrs. Giron and disgruntlement original probate lawyer, Judith Kenney.
24Baylor medical records. Interviews with Wife. Giron.