Elder Advocates Of Alberta Society
 
 
  MONDAY November 26, 2007 @ 2:00 PM
  Queens Bench – Surrogate Court Edmonton
  Application by Office of the Public Guardian
  for renewal of guardianship of
  Flora Elizabeth L’Heureux
 
 
Barbara Fraser, Public Guardian Representative, with full Knowledge,
filed an untrustworthy, unsubstantiated affidavit at the
surrogate court.
We allege that there is definite intent to mislead the court
 
 
The physician who signed the damning Report Form1
failed to interview Flora L’Heureux prior to filling out and
signing the document.
 
In any other court, there would be requirement for an expert witness to give testimony, provide documentation and cross examination of the witness.
 
In the surrogate court, the judiciary with full knowledge, accept evidence (the one page scrap of paper, the Report
Form 1) that is not well substantiated.
 
We perceive tomorrow’s process will be akin to a legalized, public lynching.
———————————————————————————
 
The Honourable Mr. Greg Melchin,
Minister Seniors and Community Support Services
Alberta Legislature Building
 
Complaint against Ms. Pat Henderson, Counsel for Family Law
Acting for the Office of the Public Guardian,
9942, 108 St. 4th Floor
Edmonton, AB. Canada T5K 2T5
 
DAO3 12536 – FLORA LHEUREUX. Lynwood Nursing Home, 8740 165 Street, Edmonton, AB. T5R 2R8
 
 
“There is no evidence . . . that there is any capacity”
TRANSCRIPT, page # 11 Lines 16 – 17
Pat Henderson, Counsel for Public Guardian November 6/ 06
 
This is a most serious matter because a senior who has been declared incompetent is stripped of all rights. It is a permanent sentence. The senior is denied the right to their money/bank account, their identification papers are taken from them, a lawyer. They have no freedom of association, often their mail is denied them, they cannot access their estate, no right to see financial statements. The senior may not have money for a cup of coffee or a hair cut, are never able to go on a holiday although they may possess great wealth. May have to live in a cramped room with nowhere to hang clothes or place belongings, may have to share a public bath or shower. A multimillionaire lives in a care facility, above a garage, where vehicles enter and exit at all hours. His rings and his watch have been taken from him.
 
November 6, 2006 – Court Transcript pages, 5, 7, 14, 17-22.
 
TRANSCRIPT, page # 11 Lines 10 – 12, 16 – 17
 
She refers to the Dr.Darryl Rolfson alleged assessment.
 
Mr. Chris Head, Counsel of Flora L’Heureux stated that the assessment:
“it was based on a lot of information given by third parties”.
 
 
When Ms. L’Heureux attended at the U of A assessment center on December 3, 2004, Dr. Darryl Rolfson, the Gerontologist recorded her medications and one must assume he found it acceptable or maybe he did not even assess the medications. Omeprazole (Losec) is contraindicated when Zyprexa is administered.
 
Zyprexa is known to cause or worsen diabetes. Ms. L’Heureux is being treated for diabetes.
 
Subject: Updated Safety Information for ZYPREXA* (olanzapine) in Elderly Dementia Patients, Announced in Canada
Toronto, March 18, 2004 – Further to discussions with Health Canada, Eli Lilly Canada Inc. has recently informed healthcare professionals of new safety information on Zyprexa* (olanzapine) concerning strokes and related events in elderly patients with dementia-related psychosis. Zyprexa is not approved for the treatment of elderly patients with dementia-related psychosis.
Information from five clinical studies in elderly patients with dementia-related psychosis showed that a higher proportion of patients taking Zyprexa experienced strokes or related events than did those who received placebo (sugar pill).
 
FLORA L’HEUREUX HAS SUFFERED EIGHT (8) STROKES.
 
On March 24, 2005, at a meeting concerning Dr. Rolfson Assessment Report, held at the Lynwood Nursing Home, the Report was read to the attendees by Chris Snow RN. No one was allowed to take minutes. Nor was any comment entertained. Ms. L’Heureux had to listen in silence although she found some of the statements not factual.
 
During the reading of the assessment, March 24, 2005, we noted both medications, Zyprexa and Losec were still on the list, despite a number of professional persons present, no one called attention to these medications, especially the Zyprexa.
Losec is contraindicated when Zyprexa is administered.
 
In the Report it was clearly stated in that it would be appropriate for Ms. L’Heureux
1) to move “less restrictive living” – to “assisted living”.
(moved out of the nursing home)
 
Ms. L’Heureux also maintains that Dr. Rolfson had informed her following the assessment that she did not require a guardian.
 
The alleged assessment was a discussion with Flora L’Heureux, a son and a daughter-in-law.
 
However three months later, February 10/04, without again allegedly assessing or even meeting with Flora, Dr. Rolfson submitted a Form I to the Office of the Public Guardian, which declares her to be:
 
 
 
“repeatedly unable to care for herself”.
Demonstrated decline in cognition & independent day to day functioning
Prognosis, “Deterioration”.
 
 
 
Did the Office of the Public Guardian require this of Dr. Rolfson? Shirley Peleshytyk on July 10, 2007, indicated that they are requiring this of Dr. Gerry Schwalfenburg?
 
Lines 16 – 17
Henderson:
“There’s no evidence . . . . ”
Court:
“yes, yes”
 
Henderson:
” . . .that there is any capacity
 
TRANSCRIPT, pages # 12 – 13 Lines 26 – 27 , line 1 “Henderson –
“no indication that one is required”
 
Ms. Henderson is not being truthful. In May of 2006, Ms. l’Heureux scored 26/30 on a Foulstein mini-mental. This was down graded to 21/30 because she “moved her arm too slowly” during a tapping test. Ms. L’Heureux is often subject to cramps & said she developed a cramp in her hand.(According to this criteria, Stephen Hawking, who has come to be thought of as the greatest mind in physics since Albert Einstein would be found to be a moron – he suffers from ALS and is totally paralysed.)
 
 
TRANSCRIPT, page # 14 Lines 1 – 2
“There is no basis right now for the Court to actually have a review”.
Again Ms. Henderson is not being truthful. In May of 2006, Ms. L’Heureux scored 26/30 on a Folstein Mini-Mental (MMSE).
 
 
 
 
TRANSCRIPT, page # 17 Lines 2 – 7 U of A
a “very full one” (Rolfson assessment).
 
However, Mr. Chris Head, Counsel of Flora L’Heureux denies this:
“it was based on a lot of information given by third parties”.
Transcript P. 19, Lines 19-21.
In fact it was because of the inadequacy of the Report, that it had not been relied upon. It was the Office of the Public Guardian who required another assessment.
 
 
 
 
TRANSCRIPT, page # 18 Lines 20 – 24 line 27
 
Court:
“You are saying NARGE in ’98, U of A. in 2003 & they both said that this lady needs a . . . ”
Henderson:
“Yeah”
 
NARGE ’98 was the Dr. R. Rowland Ikuta Report (attached) which found her fully competent.
 
Line 27 –
“That was Dr. White at NARGE.”
 
We are familiar with the work of Dr. White. In 1999, we received a call for HELP from a Mrs Inga Dorcea Sondrop. She had been attending at Glenrose for 2-3 day outings, she was a most fragile 88 year old.
In February of 1999, Trustee Officer Earnest Kambeitz arrived at her doorstep and wished entrance which Inga denied. He was serving her an Affidavit signed by Trustee lawyer Bev McNalley, indicating that her assets were to be taken over (seized) by the Office of the Public Trustee Court File No. # 10381.
 
Affidavits stated that they were relying on the information of a Form I, dated February 10, 1999 prepared by Dr. Sandra Kae White, psychologist. According to available records, Dr.White had carried out a neuro-psychological assessment on Inga Dorcea Sondrup.
There are many more details in regard to this account. Because we became involved, contacted a lawyer, her MLA, the matter was discontinued or whatever happens in such bizarre situations. She continued to live in her home for many years.
 
This is the same Dr.Sandra Kae White that damned Flora L’Heureux. Flora Maintains that Dr. Kae White used information which was obtained of Flora immediately following a stroke and then placed that information together with her alleged findings/report/assessment.
 
 
 
 
TRANSCRIPT, page # 19 Lines 1 – 8
 
THE COURT HAS BEEN COMPLETELY MISLEAD!
 
a. 1) Transcript, page # 14 Lines 1 & 2 – Ms. Henderson is not being truthful. In May of 2006, Ms. l’Heureux scored 26/30 on a Foulstein mini-mental. This was down graded to 21/30 because she “moved her arm too slowly” during a tapping test. Ms. L’Heureux is often subject to cramps & said she developed a cramp in her hand. (According to this kind of testing, Stephen Hawkins, the Geophysicist would be found to be a total moron).
b.
(2) Transcript, page # 18, lines 20 – 25 indicate that Ms. Pat Henderson, Counsel for the Public Guardian mislead the court. A complaint in this regard has been made to the Law Society of Alberta.
 
 
(3 Transcript page # 17, lines Lines 2 – 9, “The one with the University of Alberta Geriatrics Clinic was a very full one”. That was not true. Ms. Henderson mislead the court with this statement.
In fact this was the non- assessment by Dr. Darryl Rolfson.
 
When Ms. L’Heureux attended at the U of A assessment center on December 3, 2004, Dr. Darryl Rolfson, the Gerontologist recorded her medications and one must assume he found it acceptable or maybe he did not even assess the medications. Omeprazole (Losec) is contraindicated when Zyprexa is administered.
 
Zyprexa is known to cause or worsen diabetes. Ms. L’Heureux is being treated for diabetes.
 
Subject: Updated Safety Information for ZYPREXA* (olanzapine) in Elderly Dementia Patients, Announced in Canada
Toronto, March 18, 2004 – Further to discussions with Health Canada, Eli Lilly Canada Inc. has recently informed healthcare professionals of new safety information on Zyprexa* (olanzapine) concerning strokes and related events in elderly patients with dementia-related psychosis. Zyprexa is not approved for the treatment of elderly patients with dementia-related psychosis.
Information from five clinical studies in elderly patients with dementia-related psychosis showed that a higher proportion of patients taking Zyprexa experienced strokes or related events than did those who received placebo (sugar pill).
 
According to health records, Ms. L’Heureux has suffered eight (8) strokes.
 
On March 24, 2005, at a meeting concerning the Dr. Rolfson Report, held at the Lynwood Nursing Home, the Report was read to the attendees by Chris Snow RN. No one was allowed to take minutes. Nor was any comment entertained. Ms. L’Heureux had to listen in silence although she found some of the statements not factual.
 
During the reading of the assessment, March 24, 2005, we noted both medications, Zyprexa and Losec were still on the list, despite a number of professional persons present, no one called attention to these medications, especially the Zyprexa.
Losec is contraindicated when Zyprexa is administered.
 
In the Report it was clearly stated in that it would be appropriate for Ms. L’Heureux
2) to move “less restrictive living” – to “assisted living”.
(moved out of the nursing home) She has nt been moved. In 2005, the Guardian attempted to move her to a unit at the Terra Losa, @ $260 a month. It was a
unit for seniors who suffer severe congnitive impairment.
 
Ms. L’Heureux also maintains that Dr. Rolfson had informed her following the assessment that she did not require a guardian.
 
The alleged assessment was a discussion with Flora L’Heureux, a son and a daughter-in-law.
 
June, 2007, Barbara Fraser, Public Guardian Representative, informed Flora L’Heureux that the Office of the Public Guardian is applying to the court to renew the guardianship of Flora. This despite the fact that Ms. L’Heureux had submitted an eleven page complaint by registered mail to your office. It was a detailed complaint against the Office of the Public Guardian.
 
On the afternoon of July 10, 2007, Public Guardian Officer, Shirley PELESHYTYK met with Flora L’Heureux and was most insistent that Flora L’Heureux meet with Doctor Gerry Schwalfenburg because they needed
a Form I , in order to apply to the Court to renew the Guardianship Order regarding Flora L’Heureux.
 
Court statements strongly indicate that the Lynwood Nursing Home is an inappropriate place for Flora L’Heureux Attached Pages –
 
 
Thank you. We shall be awaiting a reply and be grateful to be in receipt of
such reply in regard to this most serious issue by the 13th of August, 2007.
 
Elder Advocates Of Alberta Society
 
 

c.c
The Law Society of Alberta
The Honourable Mr.Ron Stevens, Minister of Justice and Attorney General
The Honourable Mr. Dave Hancock, Minister of Health & Wellness
Dr. Kevin Taft, MLA, Leader of the Official Opposition.
Mr. Brian Mason, Leader of the Alberta New Democrat Party
Ms. Flora L’Heureux
Dr. Gerry Schwalfenburg
_______ ________________________________________________________
elderadv@shaw.ca Tel/Fax (780) 438 8314 www.elderadvocates.ca
Box # 45028, Edmonton, AB. T6H 5Y1

December 2, 2023