Petition for Emergency Guardianship - Conservatorship Index #1 July 11, 2024 (2024)

 
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 25-PR-24-1249 Filed in District Court State of Minnesota 7/11/2024 8:43 AMSTATE OF MINNESOTA IN DISTRICT COURTCOUNTY OF GOODHUE FIRST JUDICIAL DISTRICT PROBATE DIVISION______________________________________________________________________________ Court File No. ____________In Re: C.A. File No. 24-0031 Emergency Guardianship of the PETITION FOR EMERGENCY Person and Conservatorship of APPOINTMENT OF the Estate of GUARDIAN OF THE PERSON AND CONSERVATOR OF THE ESTATE Carol Ann Eveslage, Respondent.______________________________________________________________________________TO THE HONORABLE JUDGE OF THE DISTRICT COURT:1. Petitioner's: Name: Jill Fox Address: Goodhue County Health and Human Services 426 West Avenue Red Wing, MN 55066 Telephone number: 651-385-2003 Interest in this matter: social worker for Goodhue County.2. Respondent's: Name: Carol Ann Eveslage Address: 401 2nd Street East Wanamingo, MN 55983 Telephone number: 651-764-2833 Age/Date of birth: Age 78, born August 29, 1945 and if the petition is granted, Respondent will be moved to: unknown at this time.3. The names and addresses of the Respondent's spouse and kindred are: Relationship Name Address a) Spouse (include an adult with whom Respondent has resided for six months or more) :n/a b) Kindred: (adult children, parents and adult brothers and sisters; if none of these, then list the nearest adult kin; See M.S. § 524.5-303(b)(3) and 524.5-102 subd. 7)Daughter Tammy Nystrume 9021 Lexington Ave N. Circle Pines, MN 55014 c) Administrator (if Respondent is in a hospital, VA, unit, nursing home, home care agency or other institution):n/a 1 25-PR-24-1249 Filed in District Court State of Minnesota 7/11/2024 8:43 AM d) Legal Representative (guardian/conservator, representative payee, trustee or custodian of property) :n/a e) Persons nominated, proposed, or confirmed by prior order, as guardian or conservator (file applicable document with petition including a prior order, health care directive or related document ):n/a4. An emergency appointment of a Guardian for the Person of Respondent should be made because: A. A petition for appointment of a general guardian for Respondent has been filed, or will be filed in the immediate future with this court; B. Compliance with the procedures for appointment of a general guardian will likely result in substantial harm to the Respondent's health, safety, or welfare, and no other person appears to have the authority and the willingness to act on Respondent's behalf; C. The Respondent's needs for health, safety, or welfare are at risk because: (Describe behavior and circ*mstances supporting this allegation): Goodhue County Health and Human Services (GCHHS) is requesting an emergency guardian/conservator for Ms. Carol Eveslage. Information in this report is based on police reports, collateral contacts concerned for Ms. Eveslage, Social Service intake reports, and several contacts with Ms. Eveslage by GCHHS. Ms. Eveslage’s diagnosis is atherosclerotic heart disease of coronary artery, cardiomyopathy, high blood pressure, and chronic obstructive pulmonary disease. Ms. Eveslage is a 78-year-old female who resides alone in her home in Wanamingo, Minnesota. Ms. Eveslage has an extensive cardiovascular history but has not been to the doctor since June of 2023. She states that she refuses to go in because she does not want another medical bill and she has no transportation. Ms. Eveslage is not currently taking her heart medication. In addition, she does not have any way to get to the pharmacy to get her inhalers once she runs out. Numerous attempts have been made by GCHHS to assist Ms. Eveslage in making appointments to see her primary care provider, which has been refused each time. GCHHS has received four Minnesota Adult Abuse Reporting Center (MAARC) reports and several police reports regarding Ms. Eveslage. Between July of 2022 and June of 2023, Ms. Eveslage called law enforcement numerous times with concerns that someone had broke into her home and damaged her yard shed. However, Ms. Eveslage has reported that a neighbor has assisted her with breaking into her home due to losing her keys. Law enforcement concluded that the damage to the door was from Ms. Eveslage breaking in and the damage to the yard shed was old. Ms. Eveslage blamed numerous neighbors of breaking into her home over the course of that time. 2 25-PR-24-1249 Filed in District Court State of Minnesota 7/11/2024 8:43 AMGCHHS has had open incidents with Ms. Eveslage on three occasionsregarding three separate adult protection reports. The first report’sallegation was for financial exploitation. It was found that Ms. Eveslageaccidently got her debit card switched with another person’s debit card atthe gas station. This was handled by the bank and no money was lost toeither party. Ms. Eveslage did not wish to have any services at that time andGCHHS agreed that she was able to make that decision on her own and wasable to meet her basic needs at that time.GCHHS completed a Montreal Cognitive Assessment (MoCA), with Ms.Eveslage in December of 2023. She scored 22/30, which indicates mildcognitive impairment. Ms. Eveslage showed signs of memory loss but wasstill able to meet her basic needs by obtaining and preparing food, paying herbills and she had water and electricity. She also had a few neighbors thatwould help her when she asked.In February 2024, GCHHS received a second MAARC report stating thatMs. Eveslage had gotten worse, but the report contained the sameinformation as before, other than she was in a car accident. GCHHS againopened the case to re-evaluate her. Ms. Eveslage stated she was drivinghome from Rochester the day after a snowstorm and was side swiped by atruck and trailer. Her car was totaled and she no longer had transportation.GCHHS verified with Ms. Eveslage that she had a neighbor that was helpingher get groceries and was going to help her go buy a new car. AnotherMoCA was done with her, the score remained the same and she was stillmeeting her basic needs.GCHHS received a third MAARC report on May 28, 2024. The reportstated that Ms. Eveslage was not doing well financially. Her bank accountwas overdrawn, and several bills were past due. She did not have hot waterand it was unknown if this was due to her gas being shut off due to her billbeing overdue, or her water heater being broken. She did buy a car with herinsurance money from the accident. After about a month of driving this car,it broke down and she cannot afford to fix it. She is unable to walk far due toher COPD so needs assistance to get groceries, obtain her medications, andgo to the bank to cash one of her monthly checks. She has been relying onneighbors to help her with this, but due to some probable delusionalthoughts, she has stopped communicating with all but one neighbor.GCHHS attempted to use less restrictive options by getting her caught up onher past due bills using Adult Protection Grant money and then get her billsset up on auto pay. GCHHS was also going to attempt to pay for her car toget repaired with that same grant money, but Ms. Eveslage cannot find thecar keys. GCHHS received a law enforcement report on July 1, 2024, thatreported that Ms. Eveslage called and reported that she needed help and she 3 25-PR-24-1249 Filed in District Court State of Minnesota 7/11/2024 8:43 AM did not have any food. GCHHS did go visit Ms. Eveslage to verify that she did have food. It was discovered that Ms. Eveslage was now mad at the only neighbor left to help her due to a thought that she had something to do with a riding lawnmower she had given to two boys, but now wanted back. She now has no one to take her to get groceries and she still has not paid any of her bills. She did have food at the time of the GCHHS visit. Ms. Eveslage stated that the bank called her to tell her that someone took all of her money from her bank account claiming that someone had stolen her checks. GCHHS and Ms. Eveslage called the bank together on speaker phone and the bank stated that they had stopped payment on those checks awhile ago and that she did have $1700 in her account as her social security was deposited. Ms. Eveslage repeatedly stated that she did not have money in her account during the hour that GCHHS was there, having to be reminded that they spoke to the bank together. Ms. Eveslage is often without a phone as she has a prepaid plan and does not understand how to put minutes on her phone. GCHHS helped her get minutes for the month of July. GCHHS went to see Ms. Eveslage one week after putting minutes on her phone and calling the bank with her and she had no recollection of that visit. Ms. Eveslage still believed she did not have any money and that someone had stolen all of it. It was discovered that Ms. Eveslage is behind on her property taxes as she believes she does not have the funds to pay them, and she does not remember to pay any of her bills. Ms. Eveslage has one sister that tries to help her but lives an hour away and does not have the time to help as much as she needs. Ms. Eveslage also does not want her sister to help her as she feels like she is controlling. Ms. Eveslage has an estranged daughter that she believes stole an inheritance of $900,000 from her and now does not speak to her. She has not agreed to a representative payee or to apply for waiver services. Ms. Eveslage is now almost out of her inhalers and does not have a way to get to the pharmacy to get a refill, nor does she have a way to obtain groceries. It is believed that Ms. Eveslage does not have the capacity to make the best decisions for herself and meet her basic needs and keep her safe. Ms. Eveslage is at risk for financial exploitation and at risk for losing her home from not paying her bills. She is unable to get food or medication as she cannot drive her car that is broke. For these reasons GCHHS believes that an emergency guardian/conservator is the least restrictive option for Ms. Eveslage’s safety. Reliable Guardians has agreed to work with Ms. Eveslage.; andD. no alternative less restrictive of civil rights and liberties exists, including the use of appropriate technological assistance. 4 25-PR-24-1249 Filed in District Court State of Minnesota 7/11/2024 8:43 AM5. The following powers are needed for an Emergency Guardian to protect and supervise the person of the Respondent: X All of the rights and powers on behalf of the person subject to guardianship under M.S. § 524.5-313, subd. (c), paragraphs 1, 2, 3, 4, 5, 6, 7, 9, and 10. (If the Guardian is granted limited powers and duties, specify which powers and duties are vested in the Guardian by this Order.) ____ Have custody and establish the place of abode for the person subject to guardianship within or without the State, M.S. § 524.5-313 (c)(1); ____ Provide for the care, comfort, and maintenance needs of the person subject to guardianship, M.S. § 524.5-313 (c)(2); ____ Take reasonable care of the clothing, furniture, vehicles, and other personal effects of the person subject to guardianship, M.S. § 524.5-313 (c)(3); ____ Give any necessary consent to enable, or to withhold consent for, the person subject to guardianship to receive necessary medical or other professional care, counsel, treatment or service, M.S. § 524.5-313 (c)(4); ____ Approve or withhold approval of any contract, except for necessities, which the person subject to guardianship may make or wish to make (only given if no conservator is appointed), M.S. § 524.5-313 (c)(5); ____ Exercise supervision authority over the person subject to guardianship, M.S. § 524.5-313 (c)(6); ____ Apply on behalf of the person subject to guardianship for any assistance, services, or benefits available to the person subject to guardianship through any unit of government (only given if no conservator is appointed), M.S. § 524.5-313 (c)(7); ____ Establish an Achieving a Better Life Experience Act of 2014 account under section 529A of the Internal Revenue code (known as an ABLE account) for the person subject to guardianship, M.S. § 524.5-313 (c)(9); ____ Start a lawsuit on behalf of and represent the person in all civil proceedings (only given if no conservator is appointed), M.S. § 524.5-313 (c)(10); and ____ (other) . All other powers, duties and responsibilities conferred on the Guardian under applicable law.6. An emergency appointment of an agent or Conservator of the Estate of Respondent is needed because: A. A petition for appointment of a general conservator of the estate for Respondent has been filed, or will be filed in the immediate future with this court; B. Compliance with the procedures for appointment of a general conservator will likely result in harm to the Respondent's health, safety, or welfare; or property is needed for support of the Respondent or for individuals who are in fact dependent upon the Respondent for support; and no other person appears to have the authority and the willingness to act on Respondent's behalf; C. The Respondent's needs for health, safety, or welfare are at risk, or the Respondent's assets must be immediately preserved, because: (Describe behavior and circ*mstances supporting this allegation): See number four above; and 5 25-PR-24-1249 Filed in District Court State of Minnesota 7/11/2024 8:43 AM D. no alternative less restrictive of civil rights and liberties exists, including the use of appropriate technological assistance.7. The following powers are needed for an emergency agent or Conservator to protect and supervise the estate of the Respondent: X All of the rights and powers under M.S. § 524.5-417, subd. (c), paragraphs 1, 2, 3, 4, 5, 6, and 7. (If the Conservator is granted limited powers and duties, specify which powers and duties are vested in the Conservator by this Order.) ____ Pay reasonable charges for the support, maintenance, and education of the person subject to conservatorship in a manner suitable to their station in life and the value of their estate, M.S. § 524.5-417 (c)(1); ____ Pay out of the estate of the person subject to conservatorship all lawful debts of the person subject to conservatorship, M.S. § 524.5-417 (c)(2); ____ Possess and manage the estate of the person subject to conservatorship, collect all debts and claims in favor of the person subject to conservatorship, or with the approval of the court compromise them, institute suit on behalf of the person subject to conservatorship and represent the person subject to conservatorship in all civil court proceedings, and invest all funds not currently needed for debts, charges, and management of the estate pursuant to M.S. §§ 48A.07, subd. 6, 501C.0901, and 524.5-423, or as otherwise ordered by the court, M.S. § 524.5- 417 (c)(3); ____ Exchange or sell an undivided interest in real property, M.S. § 524.5-417 (c)(4); ____ Approve or withhold approval of any contract, except for necessities, which the person subject to conservatorship may make or wish to make, M.S. § 524.5-417 (c)(5); ____ Apply on behalf of the person subject to conservatorship for any assistance, services, or benefits available to the person subject to conservatorship through any unit of government, M.S. § 524.5-417 (c)(6); ____ Establish and exercise all powers over an Achieving a Better Life Experience Act of 2014 account under section 529A of the Internal Revenue code (known as an ABLE account), M.S. § 524.5-417 (c)(7); ____ (other) ; and All other powers, duties and responsibilities conferred on the Conservator under applicable law.8. The probable value and the general character of the assets of the Respondent are UNKNOWN AT THIS TIME.9. The probable amount of the debts of the Respondent is UNKNOWN AT THIS TIME. 6 25-PR-24-1249 Filed in District Court State of Minnesota 7/11/2024 8:43 AM10. The name, age, address, and phone number of each proposed emergency guardian and conservator is: Name, age: Reliable Guardians, LLC Address: 22590 145th Avenue Welch, MN 55089 Telephone number: (507) 273-576611. Each proposed Emergency Guardian and Conservator is the most suitable and best qualified among those available and willing to discharge the trust and is not excluded from appointment pursuant to M.S. § 524.5-309(c) or 524.5-413(d). WHEREFORE, your Petitioner respectfully requests the Court, without notice tointerested persons, schedule a time and place for a preliminary hearing on this petition and, afterthe hearing, issue an order appointing Reliable Guardians, LLC Emergency Guardian of thePerson of Respondent with the powers and duties described in allegations numbered 5 above andan order appointing Reliable Guardians, LLC Emergency Conservator of the Estate ofRespondent, or as a limited agent of Respondent, with the powers and duties described inallegations numbered 7 above. FURTHER, under penalties for perjury for deliberate falsification therein, I declare oraffirm that I have read the foregoing petition and, to the best of my knowledge or information, itsrepresentations are true, correct and complete. 07/11/2027Dated:___________________ __________________________________ Petitioner, Jill FoxPetitioner's Attorney: Goodhue County Attorney's Office Stephen F. O’Keefe, Goodhue County Attorney License No. 230807 Goodhue County Justice Center 454 West Sixth Street Red Wing, Minnesota, 55066 651-267-4950 7 

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