See also: NorQuest College Honours Senior Student Flora L’Heureux and
Seniors Minister fails to investigate complaint by Dependent Adult against Public Guardian

The Office of the Guardian has never explained to me what their role as guardian is.

There has been failure on the part of the Office of the Public Guardian to obtain the papers which declared me to be a Dependant Adult. These documents were requested from Ms. Judy Steele, Guardian Officer, Ms. Christine Snow RN, nurse manager, and Ms. Iris Neuman, Facility Director.

The Guardian, Judy Steel failed to reply or even acknowledge correspondence of November 28, 2004 which requested these documents that should have been served at the time when I was declared a Dependant Adult, documents to which I am entitled. I also verbally requested these documents from Judy Steel. On the afternoon of January 27, 2005, I went to the court house, surrogate court counter and obtained these documents.

I twice requested a printout from Pharmacy. The third time was told to go to Chris Snow RN and Chris Snow RN told me the Pharmacist would come and talk to me, the pharmacist never did. Because I was distressed by all the mind altering/psychotropic medications that I was receiving, I requested a physician review in regard to these medications. I specifically mentioned Zyprexa. I even attempted to fire my doctor in regard to this matter. (See Dangerous Drugs Continue to be Prescribed to Seniors: CBC report)

I was told the guardian, Judy Steel had instructed staff to deny me the pharmacy printouts.

Because no one would listen, I decided to discontinue all my medications.

Then all hell descended on me. Various staff came to admonish me. Judy Steel told me along with others,

“You’re going to fall flat on your face”.

Then on November 25/04 Dr. M. Buchinski, Psychiatrist from Alberta Hospital Edmonton, Dr. L. Gagnon, Psychiatry Resident Physician and Ms. Glenda Smith RN, Mental Health Consultant came to visit me, also Ward Supervisor, Christina Snow RN (attachment)

Who called all these professionals?

No one informed me as to the agenda for this meeting.

Judy Steel instructed Dr. Buchinski by phone, that I was not allowed to have a friend present at that meeting and that the friend had to leave. I felt very isolated and intimidated.

Why was Judy Steel, my Guardian, not in attendance as advocate for me at such an important meeting?

Ultimately after considerable discussion concerning having a friend attend this meeting, Dr. Buchinski briefly met with me and promised to return. However, Dr. Buchinski and entourage never returned- medications were never assessed. On the pharmacy printout November 15, 2004 (attached), please note Zyprexa and Losec.

Furthermore, when I attended at the Uof A assessment center on December 3, 2004, Dr. Rolfson, the Gerontologist recorded my medications and one must assume he found it acceptable or maybe he did not even assess my medications.

Omeprazole (Losec) is contraindicated when Zyprexa is administered.

Zyprexa is known to cause or worsen diabetes. I am being treated for diabetes.

Both in Canada and the US, there are classs action law suits in regard to Zyprexa. (attachments).

Because I had been informed on many occasions that I could not challenge the incompetency unless I had been again assessed. I arranged for the assessment by Dr.Darryl Rolfson, who is identified as a Geriatrician, at the University Hospital Seniors. The assessment was done on December 3/04.

Afterward, I phoned, inquired, groveled for a copy of the assessment report but was denied, always given excuses such as the assessment was not complete or someone else has it, “go here, go there”.

Why was I not given copy of assessment?

On January 19, 2005, I was again denied a report of the December 3, 2004. Ms. Judy Steel informed me that she would be attempting to obtain another assessment. Why? According to court transcript dated November 6, 2006, Pat Henderson, Lawyer for Public Guardian. said it was “a very full one (assessment).

No one told me that I could not have a copy of the assessment, they kept putting me off and telling me it was not available. On February 28, 2005, a friend took me to the University Hospital assessment center and was told that Judy Steel had a copy of the assessment. I inquired (a number of times) of the following for a copy of the assesment:

Ms. Judy Steel, Guardian Officer

Ms. Barb Hendry, Public Guardian

Ms. Christine Snow RN, nurse manager

Ms. Iris Neuman, Facility Director

Dr. G. Schwalfenberg, the physician assigned to me at the care centre

Wendy Fenske, Main office, administrative assistant, Lynwood Long Term Care Center

February 2, 2005, I had a very painful eye, no one would hear me, Therefore I went alone to the Misericordia Hospital by cab and received ointment for the painful eye.

On March 17, 2005, a 3 ½ hour meeting was held at the Lynwood Nursing Home, the following were present:

• Ms. Judy Steel, Guardian Officer of the Office of the Public Guardian
• Ms. Barb Hendry, Public Guardian
• Ms. Christine Snow RN, nurse manager
• Mr. Philip L’Heureux
• Mr. Stephen L’Heureux
• Nila Davidson,
• Ruth Maria Adria
• Ms. L’Heureux

At that end of the marathon meeting I stated for all present, that it was “all negatives, no positives”. I was “demeaned” by the process.There was not one word of encouragement for me throughout the entire session.

Why? Allegedly the Guardian exists to encourage me, the dependant adult.

In reference to my expensive missing (stolen) wrist watch, the attendees debated whether I had said that

I left it on the night table

in the drawer, after taking off my watch during the night.

They challenged me, rather than taking responsibility for the missing item and taking action to have it returned. After all, during the night there is only staff in the building. I was portrayed as the problem, after all that I dared to keep and wear jewelry at the facility (my home). I was curtly informed by the ward manager, Chris Snow that I should not keep jewelry around despite the fact that when I was admitted to this care facility, I was informed, ”this is your home”.

Throughout the meeting from 1:00 PM to 4:30 PM, the two Guardian persons insisted

that I be denied the assessment of Dr.Darryl Rolfson, at the University Hospital Seniors Clinic because it was confidential.

It was not appropriate for me to move to assisted living – I would most probably not fare well there.

Strongly insisted that I have another assessment and recommended a psychiatrist with whom I have had an unfavorable experience when my autistic son was in care.

After the lengthy diatribe, at almost the conclusion of the meeting, the public advocates switched direction and said that the assessment would be read by Chris Snow RN, but no one could take minutes.

Ms. Steel also handed me a 2 page summary which I would need if I would apply to the court. Apparently Dr. Rolfson had prepared this document in February.

March 24, 2005, at a further meeting concerning Dr. Rolfson Assessment Report, the Report was read to the attendees by Chris Snow RN. No one was allowed to take minutes. Nor was any comment entertained. I had to listen in silence although I found some of the statements not factual.

In the Report it was clearly stated in that it would be appropriate for me to move “less restrictive living” – to “assisted living”

Why has the Office of the Guardian not moved me?

Why has there been strong resistance to move me?

I maintain that Dr. Rolfson had informed me following the assessment that I did not require a guardian.

During the reading of the assessment, March 24, 2005, by Chris Snow RN, 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. Present were, Judy Steel, Barb Hendry, Nila Davidson, Philip L’Heureux, Deb L’Heureux (Pharamacist), Stephen L’Heureux, Ruth Maria Adria.

Further, prior to my admission to Royal Alex Hospital on March 29/05:

On March 22/05 Tuesday – I informed Dr. G..Schwalfenberg, my physician at the Lynwood care centre that I had a bladder infection. He walked out of my room and did not return.

March 24/05 Thursday – I gave Heather LPN a medicine container full of thick green sputum – no response to complaint. I was very congested.

March 25/05 Friday -I told nursing staff I felt very sick and felt I should see a doctor – I was told it was a holiday, Good Friday and physicians cannot be called.

March 27/05 Sunday 8:40PM I asked nurse for medication because I had great difficulty breathing, Finally at 10:20PM , I went to the nursing station to obtain help. The medication nurse was sitting in the med room visiting.

March 28/05 – Monday – I informed various staff including med. nurse that I felt very ill.

Later that day, I took a taxi to the Royal Alex Hospital. I was detained there until Sunday, April 03, 2005, for a week, there I was treated for pneumonia and bladder infection. In reference to the bladder infection, the hospital staff performed ultrasound examinations on my bladder after I would urinate.

Where was my advocate guardian in all this?

April 10, 2005, I was again experiencing diarrhea and itchiness which I attribute to medication.

I again brought it to the attention of nursing staff. I again requested a list of my medication which the LPN, Heather copied out for me but was disallowed by Chris Snow RN to give it to me because of orders from the Guardian.

It took 6 days for the proper puffers which had been prescribed at the Royal Alexandra Hospital to arrive or to be provided to me.

My dentist, Dr. Han-Kuang Tan BDS, MSD of the Implant Clinic of Dentistry, U of A, who also teaches full time at the university, wrote a letter to Judy Steele November 9, 2005, indicating that I required urgent dental work for which he required an up front amount of $5000.00, before beginning any work. He cited this as “urgent dental work” This claim was rejected.

Why? I have adequate funds to provide adequate care? (attachment)

Who is making financial decisions for me? Is it the Guardian?

Then on July 5, 2006, Mr. Chris Head, lawyer, told me by letter, that dental appointments were made for me on certain dates, and times and at a certain location but I was not informed as to the name of the dentist with whom I was scheduled, which lab, or clinic I was to go to I was not consulted in this matter. He states in his letter, “based on the limited information I have received that you will likely be referred to a specialist”.

That appointment did not happen because I was not given adequate information.

• June 6/06, I asked Dr Schwalfenberg for a referral to Gerontologist/ Dr.David Skelton.

I had spoken with Dr. Skelton and he had agreed to do the assessment but I required a referral.

He replied that I had had frontal lobe dementia, could not remember things, & further more had to ask the guardian. He gave me no answer and no referral.

I persisted in this matter and called Dr. Skelton myself and did finally obtain an assessment.

Dr. Skelton wrote August 15/06:

“On formal cognitive function assessment she scored within the normal range on MMSE (27/30), she was considered normal on the Geriatric Depression Rating Scale and showed no visuo-spatial limitations at all. Her present health status, her knowledge of her general affairs and her normal mood cause me to be very seriously concerned that at this time she is still restricted from independent functioning by the imposition of a Guardian and Trustee under the Dependent Adult legislation of Alberta. I would personally be prepared to support her if she wishes to approach the Courts for a reassessment of her status at this time”.

Dr. Skelton totally reversed this assessment of me after receiving material from the Guardian’s Office.

Why was this material sent to Dr. Skelton after it was known he had given me a positive assessment citing normalcy?

Why was I not given a copy of this added material to review? Why was my lawyer, Mr. Head not given a copy of that material?

What was included in that material that would so totally damn me and prompted Dr. Skelton to reverse his decision?

Does the Office of the Guardian, in this instance, Barbara Fraser and Pat Henderson, have the authority to withhold this material from me which is information about me?

Is it trustworthy information?

June 8/06 – Lynwood O.T. person, Maurine Blonski, asked to speak with me, did not inform me as to what she wanted without asking permission, proceeded with mini-mental examination. Denied print out of my medications from pharmacy on orders of Public Guardian Judy Steel

June 24, 06 I requested membership card at YMCA (3rd request) – requires $140.00 to attend – I was denied. Judy Steel informed them that I have high needs.

The Guardian – Barb Fraser phoned a friend to find out what happened to a health record file which was picked up from the Office of Dr. Rajput./ General practitioner. The files concerned me from about 1989 – 2004 and may contain some 2006 material. Barb Fraser told me that I had no right to have the file – for which I had paid.

• I have no room to hang clothing – except in bathroom beside the toilet
• I have no privacy – no locked door
• When entertaining, my guests must sit on bed
• Immediate entrance – guests must walk past exposed toilet.
• I must sleep in narrow uncomfortable bed – for years I have slept on a futon type mattress, not really a mattress but more of a solid pad. In March, I was given a bed with a proper mattress.
• my furniture / bed, is in unheated storage for which I must pay every month. $170.00 month.
• No window
• Instructed by RN Ms. Sobey, not to go to Misericordia for treatment
• No money for DATS @ June 6th/06
• No money before Christmas ’06.
• I shower myself
• I attend daily at Norquest college for the 2nd semester
• In my room, I make my own coffee in the morning and sometimes make my own toast.

The maintenance Custodian of Lynwood has said that accommodations were built for patients who were or are dependant and not as light housekeeping rooms. My room contains appliances such as small fridge, microwave, big screen TV, fan & coffee maker. He suggested that it might constitute a fire hazard.

The Guardian has a copy of my will, my birth certificate and other personal documents. These are confidential documents which the guardian should not have.

The Guardian has instructed staff of the Lynwood Care Center not to tell me what medications I was taking or what was in those medications even though some of these medications may have been contra-indicated.

As a dependent adult, what assistance has been provided or made available for me when needed?

To date Barbara Fraser the Guardian has done nothing to assist me in obtaining appropriate living accommodation. A deceptive attempt was made to move me to a dementia unit, $2800 per month, at the Terra Losa which I declined.

Barbara Fraser has told me some weeks ago, that if I did not like it at Lynwood, I could move.

November, 2004, I was assessed at the Clinical Sciences Building at the University Hospital at which time Dr. Darryl Rolfson recommended in his report that I be moved to a LESS RESTRICTIVE living unit.

However on February 7, 2005, without a further assessment or meeting, he issued a Form 1 to the Guardian’s Office signed, Dr. Darryl Rolfson, indicating that I cannot care for myself.

How can this be? Did the Office of the Guardian solicit this untruthful Form 1?

Again and again, the guardian has insisted that I need another assessment. However, on November 6, 2006, I went to court represented by Mr. Chris Head in order to review my guardianship . Pat Henderson, lawyer for the Guardian stated to the court that: “there is no basis right now, for the court to actually have a review”. She further questioned whether it was “within the court’s jurisdiction”. Whose side is she on?

When my sons took over Trusteeship – they were advised by the Public guardian, Judy Steel, not to give a house key to me ( of my own house) .

The locks had been changed.

I was allowed to visit the house under supervision. I was admonished not to touch anything and was not allowed to take any of my own belongings.

The house was sold against my wishes. I question the price that it was sold for. I was not consulted in regard to this sale. It was in A one condition. The hardwood floors had been refinished, it had been newly painted.

I was interviewed by TV Media- but the Guardian disallowed it to be published

A meeting was held at the Lynwood concerning me on May 9/06 ?, planned by Barb Fraser. I was informed of the meeting the night before and therefore was unable to attend.

Why was I denied minutes of the meeting?

January 7/07, I was ill and needed to see a doctor however Lynwood physician, Dr..Schwalfenburg was on holidays. The doctor who was taking his calls however refused to see Dr. Schwalfenburg’s nursing home clients. So I could not receive care.

At Easter time, I was very, very ill. I was running a temperature but no one offered me help. Dr..Schwalfenburg came briefly to see me and said something to the fact that I was sick and then he left. I was so sick that I finally went by taxi to a medi center where a concerned physician saw me. He prescribed medication. He was so concerned about me that he phoned me after I returned home to Lynwood to assure himself that I had returned safely. He saw that I was very ill. I had to ask someone to take me to the Meadowlark pharmacy to obtain the prescription. I had to borrow money to pay for the prescription.

Because I suffer from Chronic Obstructive Pulmonary Disease (COPD), I have asked to be referred to a lung specialist. I was denied this. Therefore I called the Links clinic to see Dr. Ramish whom I had seen many times previously for my COPD. I was told they would no longer see me. Apparently the Guardian has instructed them not to see me.

Because I was in an injury accident during a trip on DATS, I consulted with a lawyer, Mr. Richard Mallett. He called my trustee in regard to pursuing this matter. To date, there has been no response.

I have knowledge that Counsel for the Public Guardian has stated that she will never let me go. What medical qualifications does she have to make such a statement?

She has also made defamatory statements concerning those who are trying to help me regain my rights. When challenged, she has not denied publishing this.

I have been chosen to be awarded the SHINE Award at the Norquest College which will be presented on May 23rd, 2007. (attachment). The award states :

“The SHINE Awards were established to recognize NorQuest College students who have inspired their fellow students thorough their efforts, attitude and commitment.”

I sent a letter April 27, 2007 calling for a meeting to discuss these issues and my concerns. It was set for May 10, 2007 @ 2:00 PM at the Lynwood Center Board room.

The invitation letter was sent by Registered mail to:

• Barb Fraser, Public Guardian
• Philip L’Heureux, Trustee
• Stephen L’Heureux Trustee

Stephen L’Heureux declined immediately, citing a meeting.

Barb Fraser declined the day before, leaving a message on my phone at 10:00 AM, May 9th, 2007 at a time when she would have known that I was away at Norquest.

Philip L’Heureux did not reply and did not attend.

According to a Publication of the Office of the Public Guardian, a guardian

• Will act in the person’s best interests.
• Will encourage the person to be independent or to act as independently as possible.
• Will not allow your interests to conflict with the person’s interests
• Are suitable and able to act as guardian.

This has not happened.

I believe that the Office of the Public Guardian has not acted in my best interests. As a matter of fact it appears that they are acting against me to deny me my rights.

I wish to have the Public Guardian discharged.

I do have persons who have consented to assume this guardianship.

Letter

HAND DELIVERED

February 29, 2008

The Law Society of Alberta
1900 – 10104 103 Avenue
Edmonton, AB T2R 1P3

Complaint Re: Ms. Patricia Henderson, Counsel for Family Law

In the matter of Ms. Flora L’Heureux 76 years of age, Dependent Adult – DAO3 – 12536

During the court hearing November 6, 2006 @ 2:00 PM, Ms Patricia Henderson successfully mislead the court.

She stated to the court;

“There is no evidence. . . that there is any capacity” Transcript Page 11, lines 16 – 19.

This is in regard to Flora L’Heureux who was given an award for her performance at the Norquest College, where she attended last semester.

“There’s no evidence other than Dr. Skeltons first very minimal Form I, you know … “ Transcript page 11, lines 16 & 17

That was not true! She also stated:

“There is no basis right now for the court to actually have a review” Transcript page 14, lines 1 & 2.

1. In May of 2006, Ms. l’Heureux scored 26/30 on a Foulstein mini-mental. (Court transcript attached).
2. Ms. L’Heureux had been informed on many occasions by the Guardians Office, that she could not challenge the incompetency documents unless she had been again assessed. She herself arranged for an assessment by Dr.Darryl Rolfson, who is identified as a Geriatrician, at the University Hospital Seniors.The assessment was done on December 3, 2004.

In the Rolfson Report it was clearly stated in that it would be appropriate for Ms. L’Heureux

“to move to “less restrictive living” – such as to to “assisted living”

Ms. L’Heureux also maintains that Dr. Rolfson had informed her following the assessment that she did not require a guardian.

In a court hearing regarding Flora L’Heureux November 6, 2006, Mr. Chris Head, counsel for Flora L’Heureux referring to the Rolfson Report,

“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 and it was the Office of the Public Guardian who required another assessment..

Therefore, Flora arranged the Skelton assessment.

3. Ms. Henderson refers to Dr. Skelton: – Transcript page 11, lines 20 – 24

   On August 15, 2006, Ms. L’Heureux had herself again arranged to be assessed by the eminent gerontologist, Dr. David Skelton, in regard to mental capacity and capacity to live independently. She received a most positive assessment

   Dr. Skelton wrote:

   “On formal cognitive function assessment she scored within the normal range on MMSE (27/30), she was considered normal on the Geriatric Depression Rating Scale and showed no visuo-spatial limitations at all. Her present health status, her knowledge of her general affairs and her normal mood cause me to be very seriously concerned that at this time she is still restricted from independent functioning by the imposition of a Guardian and Trustee under the Dependent Adult legislation of Alberta. I would personally be prepared to support her if she if she wishes to approach the Courts for a reassessment of her status at this time”.

   When the Skelton Report was released, the Office of the Public Guardian objected to the assessment and gathered, “carefully collated’, old Reports and assessments and submitted them to Dr. Skelton, who consequently reversed his decision. (See Transcript Page 12, L. 14 – 16).

   The Guardians Office did not allow a copy of the submitted, damning material to be sent to Ms. L’Heureux’ or her counsel.

4. Transcript Page # 18, lines 20 – 25 & lines 20 – 25 indicate that Pat Henderson, Counsel for the Public Guardian was blatantly untruthful, denying that the 1998 assessment of Dr. Roland Ikuta found Ms. L’Heureux competent.

   The court: “You are saying NARG in 98, (Dr. Roland Ikuta assessment at NARGE) U of A in 04 (Rolfson Report) and they both said that this lady needs a .. “

   Ms. Henderson: “Yeah”.

   March 12, 1998, Ms. L’Heureux was assessed by Dr.. Roland Ikuta at NARGE in regard to mental capacity and capacity to live independently. She received a positive assessment (Attached)

5. Ms. Henderson refers to the: “full neuro-psychological assessment that was done in 2003 – that was Dr. White”. Transcript P. 18 Lines 22-27.

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, the matter was discontinued or whatever happens in such bizarre situations.

This is the same Dr.Sandra Kae White that damned Flora L’Heureux. Ms. L’Heureux 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.

This is a most serious matter because a person who has been declared incompetent has no right to their money/bank account, their identification papers are taken from them. They have no freedom of association, often their mail is denied them, they cannot access their estate, no right to see financial statements, they lose all rights. Wealthy seniors may not have money for a cup of coffee or a hair cut.

Thank you.

Elder Advocates of Alberta Society

Article

“Since when is someone’s freedom contingent upon their intelligence or their IQ? That’s very disturbing.”
-Allan Garber, Parlee McLaws LLP

Tags: Barb Fraser, Barb Hendry, Christine Snow, Flora l'Heureux, Iris Neuman, Judy Steel, Michael Buchinski, Office of the Public Guardian, Royal Alexandra Hospital, Zyprexa