MOLLIE FLORKEY'S COURT OF APPEALS JUDGMENT ENTRY

                            AMERICANS ARE LOSING THEIR CITIZENSHIP

Without legal knowledge we are at the mercy of a corrupt group of individuals who plot against America’s most vulnerable. Jane Branson thought if she could obtain guardianship of her Mother, she could protect and stop an abusive son from forcing their Mother in another prison where she would be abused, neglected and suffer needlessly. Branson thought the Court would rescue her Mother but instead, the Courts only interest and consideration was a power of attorney document instead of the safety and well being of Mollie Florkey.  The Court had no interest in hearing about Mollie Florkey's abuse and negligent care the son allowed and Florkey almost dying was not relevant.. A cover up that is happening through out America.

www.AnOpenLetterToC ongress.info.

Jane Branson is asking the question of the Court, “How can you prove your case if the court refuses to hear your evidence And, only hears one side, the side that has destroyed an older American’s quality of life. The superior guardian refused to acknowledge reports of abuse and negligence by an abusive guardian. Instead of investigating and holding the guardian accountable, the superior guardian/Court continues to only listen to one side, the guardian and his false reports.

FOLLOWING IS JANE BRANSON'S RESPONSE TO THE COURT OF APPEALS JUDGMENT ENTRY.


%u3000[Cite as In re Guardianship of Florkey, 2008-Ohio-4994.]

IN THE COURT OF APPEALS OF OHIO

FOURTH APPELLATE DISTRICT

HIGHLAND COUNTY

:

IN THE MATTER OF: : Case No. 07CA22

Guardianship of Mollie Florkey, :

:

: DECISION AND

: JUDGMENT ENTRY

:

: File-stamped date: 9-22-08

__________________________________________________________________

APPEARANCES:

Carol Jane Branson, Hillsboro, Ohio, Appellant, pro se.

Rocky A. Coss, Hillsboro, Ohio, for Appellee James Malott.

__________________________________________________________________

Kline, J.:

appointed as guardian of the estate and person of Mollie Florkey, her mother. On

appeal, Branson contends that the trial court erred in dismissing her application and appointing her brother, James Malott, as guardian of Florkey’s person and estate. Because Florkey nominated Malott as guardian of her person and estate in a durable power of attorney, and because Malott is competent, suitable, and willing to accept the appointment, we disagree.

Let this be stated for the Record: Jane Branson did not file an application to be appointed as guardian of the estate of Mollie Florkey. As Pro Se, Jane Branson filed an application as guardian of Mollie Florkey’s Person Only. ( If ) an application was filed for Branson to be guardian of Florkey’s estate, it was not filed by Branson. And, Branson would not have given her permission to do so. Florkey had no estate due to the following facts.

After Florkey’s husbands death, Florkey collected his life insurance, and likewise sold off some ninety-two [92] acres of the farm, keeping for herself twelve - plus [ 12 ] acres

In due time Malott coerced Florkey into co-signing for him on a Fifty-Eight-Thousand Dollar [ $58,000.00 ] “open end mortgage note.”

[ Exhibits upon Legal request. ]

Weeks later Malott coerced Florkey into selling him eleven [ 11 ] acres of her land for One - Dollar [$1.00 ] Exhibit upon Legal request. Soon a new trailer home and a very large pole barn occupied the land.

By 2002 it was obvious that Florkey was failing mentally, yet Malott coerced Florkey into signing a durable power of attorney which named Malott as Florkey’s fiduciary. It was at this time in history that the conflict began to escalate, and the secrets became more secretive. In sum, Malott’s arrogance would not tolerate being questioned and his outward belligerence, and verbal and physical assaults, were his defenses.

Florkey was seeing her doctor and the prescriptions soon had stabilized her mentally. On July 17, 2003, Florkey directed Branson to fax her letter to Malott’s attorney, stating, she wanted Branson as assistant power of attorney . [ Exhibit C ] upon Legal request.

And, on July 18, 2003, Malott issued his letter in reply, delegating himself the only durable power of attorney. [ Exhibit D ] upon Legal request.

On July 23, 2003, Florkey responded with another letter expressing her wishes for both Branson and Malott to share the responsibility of her care as durable power of attorney’s. [ Exhibit E ] upon Legal request,  All of which Malott fails and refuses to honor.

In or about late September early October 2003, Malott put Florkey’s home up for sale. On October 5, 2003, Florkey wrote Malott and advised him that she did not wish to sell the house [ Exhibit F ] upon Legal request, but that did not stop Malott. Soon Florkey’s Highland County home was sold [ $110,000.00 ] and Malott forced Florkey against her will into a Butler County Ohio nursing home.

During the period of time Florkey was held against her will in the Butler County nursing home in Middletown Ohio, Malott was representing to the nursing home that he was Florkey’s appointed guardian. It was at this point that poa documents, believed to have been altered, just showed up with language concerning guardianship. No court appointment, just bald assertions. Nevertheless, emotions are high, phone calls and personal meetings are contentious, and Malott is demanding of the nursing staff that no one be allowed to visit Florkey. In sum, the mess was completely out of control, all because of Malott and whatever it is he is hiding….likely what he has done with the money.

In time the situation prompted Florkey’s eldest daughter to contact the Cincinnati Ombudsman who investigated and reported to Florkey’s eldest daughter, that she had spoken to Malott and advised him that what he had done, and was doing, was not legal [Exhibit G - Notarized statement of Florkey’s eldest daughter, who is legally blind] the Cincinnati Ombudsman provided copy of the “guardianship document” found in the file at the Butler county Ohio nursing home

[ Exhibit H ]

Needlessly, Mollie Florkey suffered terribly while at the Butler County nursing home and in 2004 Branson intervened and rushed Florkey to “The Regional Middletown Hospital.” Malott has given the nursing home DNR directive and openly expressed his concern that “calling an ambulance was too expensive.” While at the Butler County nursing home Florkey had been rushed to the E.R. on several occasions; she suffered several infections and a kidney failure, substantial weight loss; she often was left to sit for hours in own urine and feces; she was found on the floor with a severely bleeding head wound; and Malott saw to it that Florkey was isolated from Florkey’s youngest daughter, Branson and her eldest daughter, all Florkey’s friends and spiritual associations. In sum, by the time this saga ran its course Florkey was freed from the Butler County Ohio nursing home, and Branson took Florkey to live with her in Hillsboro Ohio.

For the next three years, all was comparatively quiet, except for the occasional heated phone call, email, or personal encounter with Malott. Branson and Florkey lived in an apartment in Hillsboro Ohio and got along just fine. Branson works in the elder-care/home-care industry and so taking care of Florkey daily was quite natural for her. During these years Florkey was healthy and happy. Then, it came to be that Branson needed a surgery and in planning for surgery it was decided ’respite-care” would serve well for Florkey while Branson recovered for a few weeks. Florkey’s “Passport case Manager” was part of the planning. [ Phone numbers can be submitted upon request ]

While Branson lay in the hospital post-op, Branson received a phone call informing her that Malott was at the apartment packing Florkey’s things and terminating Florkey’s rental agreement. Malott convinced the apartment manager that Florkey would not be returning to the apartment. Malott changed the locks and evicted Florkey and Branson. The apartment was in fact in Florkey’s name and Branson was listed as Florkey’s “caregiver” that doctors, and medical staff can substantiate. Branson’s financial resources supported this apartment too and therefore, Malott forcibly evicted Branson, a senior citizen, without a court order, throwing Branson to the streets while she was still hospitalized and recovering from surgery.

Since early June 2007, Malott has held Florkey against her will in a Hillsboro Ohio, nursing home, on Medicaid, absent medical necessity…and again, isolated from her family, friends and, her spiritual associations. It is 2003 all over again.

In November 2007 Malott was appointed ’guardian of the person” for Florkey. This appointment is premised upon the nomination found in the poa document which Branson honestly believes is an altered and forged document .

Branson does not believe it is medically necessary that Florkey be held in a nursing home. A least restrictive environment is available in Branson’s home. It may be convenient for Malott to keep Florkey in a nursing home, but, Florkey need not live the last of her years locked away in a home, isolated from family and friends that love and care for her.

For nearly twenty years Malott has exercised his influence over and held direct control and possession of all of Florkey’s financial resources and estate properties. He is not a “court appointed estate guardian” and he has never, ever, accounted for or disclosed what monies and properties belonging to Florkey have come into his possession and control. My concern is obvious - he is under no supervision whatsoever, he has posted no bond, and , I do not believe there is not a bone of good-faith in his entire body. The man is heartless.

Since being illegally evicted by Malott in 2007 Branson has lived less than ten-minutes from where Mollie Florkey/ Mother, is being held. Malott has been violent toward both Branson and Florkey’s eldest daughter in the past. Real tough guy to abuse, threaten, intimidate and harass three little old ladies. Malott is a career law enforcement with plenty of local “buddies” and he seems to believe he is above the law and that no one, can stop him from doing as he wishes.

%u3000Court Of Appeal…..Branson next contends that she was denied the effective

assistance of counsel. Because Branson had no right to counsel in this civil

proceeding, we disagree.

APPEALS COURT…. Finally, Branson contends that Florkey was denied the right to the effective assistance of counsel and other rights.

APPEALS COURT….Because Branson’s interests are not clearly aligned with Florkey’s interests, we find that she has no standing to assert such error on appeal. Accordingly, we affirm the judgment of the trial court.

Mollie Florkey and Jane Branson would like to take this opporturnity to thank the Governor, The "Attorney General,"  Authorities and all the other courageous men and   women who are now stepping forward to Help Stop the Abuse of our Older Americans!

You Too, can Help Stop Abuse of our Older Americans by an" Open Letter To Congress." 

TO FIND OUT ABOUT THE HORRIFIC CRIMES HAPPENING TO OUR OLDER AMERICANS PLEASE CLICK ON TO THE ABOVE LINK, NEAR THE TOP OF THE PETITION.
AN OPEN LETTER TO CONGRESS 

WITH YOUR HELP WE CAN BRING MOLLIE FLORKEY HOME.



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