An elderly woman who was involuntarily committed by her children under a durable power of attorney agreement is fortunate the nursing home released her, according to an adult guardian reform advocate.
Paula Long, who sued Dr. Erin Schreier in 2019, was allegedly physically and chemically restrained and prevented from leaving a care center.
Long’s sister relocated her out of the facility, according to attorney John Hicks who represented the physician.
Lee
| Lee
Hicks did not respond to requests for comment.
“Paula got very lucky because that's an anomaly,” said Greg Lee, who was not a party to the case. “My mom was placed in a nursing home with a durable power of attorney that was not valid. We went under guardianship to avoid filing a civil suit against my sister and we’re still fighting to get my mother out of there.”
Long was represented by attorneys Bradley Honnold and Jacob Adair of Overland Park, Kansas.
Missouri Lawyers Media reported that the power of attorney Long’s children held was revoked after a psychiatric evaluation determined that their mother did not have Alzheimer’s Disease or dementia.
After the ordeal, Long sought $500,000 in damages and $84,000 for medical bills in Paula Long v. Erin Schreier, according to media reports.
“When doctors go in to deem someone incapacitated, there needs to be an independent third party watch dogging the process,” Lee told the St. Louis Record.
An application for guardianship had been attempted on Long in 2019, according to court records.
“There needs to be more oversight on the guardianship process,” Lee said in an interview. “I tried to get my mom out of the nursing home, but they detained her, separated us and then told me to leave the facility.”
Lee, who has been working with the Center for Estate Administration Reform (CEAR) on legislation that would change how senior citizens are determined to be incapacitated, has not been permitted by his mother’s guardian to visit since May.
Lee's mother's guardian is Loretta Rouse who is the public administrator for Pulaski County.
"Loretta is an elected official," Lee added. "She was voted in by the people. She is not a private individual acting as a guardian. The courts are helping her do this. Loretta has been in office for more than 20 years. In the majority of her guardianship cases, she is the petitioner. She is the witness and she is the court appointed guardian and conservator. She is also the executor of the estate. Loretta Rouse does it all."
Rouse did not immediately respond to requests for comment.