Court battle resolved as elderly woma...

Court battle resolved as elderly woman returns home - Greenwich...

There are 28 comments on the Greenwich Time story from Dec 11, 2008, titled Court battle resolved as elderly woman returns home - Greenwich.... In it, Greenwich Time reports that:

After a hard fought probate court battle that fractured a family, 85-year-old Marilyn Plank returned home to Michigan last weekend where her former conservator said she is happy to be.

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sheepdog

AOL

#21 Dec 16, 2008
Blog critic wrote:
It is a real eye-opening experience to read all these blogs from people who have either no idea about the facts of this case or who choose to distort them. Bottom line, Marilyn received excellent medical care both in Washington D.C and Greenwich Ct. She resided in one of the foremost assisted living facilities in the country at The Greens. She is frail, uses a walker and among her aliments suffers from dementia, diabetes, and needs 24/7 care. Her new home at another assisted living facility in Michigan, while not the same quality of The Greens, provides the care available at an assisted living facility. She did not and could not receive this level of care from the caregiver in her home. If bloggers ignored the drama about the court system and focus on Marilyn's care, the negative comments should end.
Which attorney stated that Marilyn had not seen a physician for eight months, while not being forthcoming about WHICH eight months, implying that it was the eight months before she was taken from her home?

You said, " Bottom line, Marilyn received excellent medical care both in Washington D.C and Greenwich Ct. She resided in one of the foremost assisted living facilities in the country at The Greens."
You apparently are impressed with "foremost facilities."
If Marilyn was housed in the Taj Mahal with 30 servants, and 60 physicians, and she DIDN'T want to BE there, no meddling offspring or anyone else has the authority to keep her there. It was only through the collaboration with those with an "interest" that it was done. Also, the reason she is in an assisted living facility in Michigan hasn't escaped the attention of the electorate in CT.(and in other states) which is watching.
You said, " She did not and could not receive this level of care from the caregiver in her home."
Point is, who gets to decide what "level" of care is REQUIRED for her to live and be happy?
(remember life, liberty and the PURSUIT of happiness???) It is not for the apologists for institutions to decide.
The only legitimate job of Gov't is to protect the individual person, their liberty, and their property. What happens in probate courts in CT. is not Constitution compliant.
If Marilyn wanted to live in her house in Michigan, with the family members she chose to have stay with her, and care for her according to HER wishes, then she had been transgressed when this was denied her.

"If bloggers ignored the drama about the court system and focus on Marilyn's care, the negative comments should end."

First, these are commentors, not bloggers.
Second, Yes, the dramas that happen in CT. probate courts are staged litigation schemes so in that sense could be termed tragic dramas.
Third, the very idea that a "system" which benefits monetarily should/could determine "best interests" is ludicrous.
sheepdog

AOL

#22 Dec 16, 2008
To What a World:
You said, "When family members are available? I don't know where we could come up with hard statistics, but this is not my experience and not what I have heard from a number of attorneys involved in probate matters. Perhaps I am hearing about an unrepresentative sample, or in varies throughout the State, but I don't think so."

We are not speaking of abstractions, we're speaking of individual PEOPLE. Your rhetoric belongs in a statistics class. This forum is about Marilyn Plank.
You said, "The Conservator of the Estate must, by law, submit an accounting of the estate every three years. Probate Court records are public. If the Conservator does not file the report, interested parties have the right to demand it or ask for the persons removal."

Let's get real, behind closed doors, much goes on. Though some new laws were passed in 2007, before that, most Court clerks took notes by hand, and I know that some interested parties were intimidated in court so badly, so as not to pursue a course that would be in THEIR best interest, because of the abuse. The goal was to traumatize and paralyze, victimize, the predetermined "loser," all by an "unbiased judge."

What goes on in some probate courts(most)is unlawful, though made legal. People's estates have been plundered, people have been confined without being charged with anything, family members have been vilified, these things happening without due process of law.
Some without even evidentiary hearings.
CT. has a dual trial system. CT. probate courts should be abolished, and probate functions should be the province of Superior court.

You said, " Perhaps I am hearing about an unrepresentative sample, or in varies throughout the State, but I don't think so."
Since you say that you can't come up with "hard" statistics regarding available family members, why do you go on to speak of YOUR experience and what you've "heard" from attorneys involved in probate matters?
Are you saying that your "experience" and stories from attorneys "involved" are statistically significant? Therefore more common? What's really common is the now widely known prescribed "script" that's so faithfully followed by the "players."
You said, "Oh, no doubt there are always many stories to dispute a general tendency,(statistics please) but, again, I do not know where we could come up with hard numbers to demonstrate which is more common." Right.
These stories/cases are not anomalies, as you are implying.
"The general view of society and government in the United States continues to be that family members will have the best interests of a person in mind."
And that is true, family has more invested in it's members. To rationalize the actions of "judges" who routinely appoint fellow attorneys (strangers) to care for other strangers for pay, and then try to claim it's for that stranger's best interests is for idiots to swallow. It comes out of the Theater of the Absurd.
This nonsense probate court Institution is similar to our other failing institution, Public school.
Plato saw what would come from charging a fee for teaching (he didn't), an institution, and what we have now is another institution that remains viable only through it's created myth of it's "failures" while it sucks more out of the public to "fix" it's failures, because, "it's for the children."
Just like those antics were for Marilyn's "care."
Elaine Renoire

Clinton, IN

#23 Dec 17, 2008
The court battle may be solved (thankfully), but what about the money spent to defend Marilyn Plank from an unlawful grannynap?
sheepdog

AOL

#24 Dec 17, 2008
Elaine Renoire wrote:
The court battle may be solved (thankfully), but what about the money spent to defend Marilyn Plank from an unlawful grannynap?
Yes, EXACTLY! But, then again, that's another abuse of the peoples courts. To use the courts to perpetuate the scam (extortion)of plundering estates (not confined to, but including exorbitant fees for "assigned" people who do duplicate work), confining people in "facilities," cleaning out their assets to put people in a situation where taxpayers have to pay for their care through increased taxes.
SGA

Bloomfield Hills, MI

#25 Dec 18, 2008
Elaine Renoire wrote:
The court battle may be solved (thankfully), but what about the money spent to defend Marilyn Plank from an unlawful grannynap?
The attorneys certainly benefited from Marilyn Planks incarceration. With a court appointed conservator, court appointed GAL and court appointed attorney at 400.00 per hour, approximently 300,000.00 + of Marilyn Planks money is gone. In addition, daughter Lin Higgins, under a contested DPOA, still controls Planks 2 trusts of which she is the self appointed trustees and has uses Planks money to pay her attorney Eric Grayson to fight the Conservators request to return Plank to her home state of Michigan. Higgins has never handed over any money to conservator for the care of her own mother leaving the conservator to draw on Planks Michigan home equity line to pay the lease payment at the Greens Assisted Living Facility.
Kevin MacMillan

Merrimack, NH

#26 Apr 8, 2012
I fought these crooks... Lin and her husband Scott and the lying attorney Eric Greyson for 12 years in MacMillan v. Higgins. This comment is right on the mark.
Single White Female wrote:
Grayson is speaks volumes of lies. Marilyn had doctor appointments scheduled upon her return to Michigan. He should be disbarred for spreading such malicious and inflamatory words. He is the biggest slime ball of an attorney I have ever seen. Now that Marilyn is back in Michigan I hope the courts throw the criminal book at Lin Higgins and Christine Rales for kidnapping and bankrupting her estate. Those evil sisters should do hard time for the mess they started. Think OJ.
Kevin MacMillan

Merrimack, NH

#27 Apr 8, 2012
I fought these crooks...Lin and her husband Scott , and the lying, abusive attorney Eric Greyson, for 12 years in the CT. court case MacMillan v. Higgins...this comment is right on.
Blade

Savannah, GA

#28 Apr 9, 2012
leroy delisle has some involvement in this as he is about to go to jail for tax evasion.

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