6/30/14
A court hearing for the approval of the 2013
mandatory annual financial accounting by Gulf Coast
Caring Solutions for Ernestine Franks care.
Previous to the hearing
the receipts arrived stuffed in 2 large trash bags
to the Gulf Coast Caring Solutions attorneys’
office: McDonald, Fleming, and Moorhead
There was no
organization of these receipts
The sons’ attorney,
Jennifer Byrom, who was in the offices, emailed the
picture of the bags to the sons saying that they
were trying to sort through all the receipts, some
of which were faded.
Jennifer Byrom and her
paralegal have them organized and turned into the
court for the accounting. Ernestine’s three
sons are of course billed for this time resulting
from the inefficiency of GCCS and their chosen
caregiver service.
Doug’s attorney, Ms.
Byrom, asked questions of the West Florida Home Care
owner, who had been subpoenaed to appear. But Judge
Jan Shackelford advised the owner that if she
answered the questions she could be incriminating
herself and the judge suggested that she have
an attorney.
When the judge was
pressed for answers by the sons’ attorney for
•Accounting
irregularities such as odd timed shopping trips: a
caretaker charged working time approximately once a
week from 6-8 AM for shopping, but there were no
receipts for that shopping at any time that day.
•Excessive eating out
and high charges for two people, when one is elderly
and eats very little,
•Additional charges for
cleaning the house, although cleaning falls under
their daily duties.
The judge replied
“ I know where you are going and we
are not going there today.” Thus, the
judge shut down any attempt to hold either Gulf
Coast Caring Solutions or the owner of West Florida
Home Care accountable for the money that was being
spent.
The judge stated that
she would go ahead and OK the 2013 accounting. And
then gave advice to the guardians, remarking that
unlike herself, an only child, the guardian has the
“Franks boys” looking over their shoulder at
everything and GCCS and their attorneys need to
start doing a better job starting 7/1/14.
The sons lawyer,
Jennifer Byrom, continued to raise questions about
the costs to Ernestine’s trust account, especially
the question of the huge amount of money being spent
by all parties responsible for Ernestine’s care
under the court order. The judge said that she had
NO oversight or control over Synovus Trust but that
she would like to see the charges from the guardians
and their lawyers from this point on. This is the first time the judge
has expressed any concern over the huge amount of
money that is being charge by the parties
responsible for Ernestine Franks, two
years after instituting for-profit care for
Ernestine Franks.
During this hearing and
in light of these expenses Judge Shakelford asked
William Bond one of two attorneys for GCCS if it was
common practice for the ward to pay for their
caregivers’ meals (over 233 time in one year alone:
2013) He didn’t seem to know and answered “Yes I
think so”. In
fact it is not a common practice because Charles
and Doug Franks contacted all the home health care
companies in Pensacola and found that caretakers
are responsible for their own meals, NOT the ward.
The guardian, GCCS,
signed an affidavit for all purchases but there were
36 missing receipts, which makes it impossible to
prove where the missing money, represented by the 36
missing receipts was spent. When the Judge asked
William Bond, a GCCS attorney, about the 36 missing
receipts his reply was “that
troubles me also”. The Judge made no
attempt to follow up on the missing receipts or the
money represented.
In comparison to the
above sloppy accounting by caregivers, their
ownership, the guardians and their attorneys, note
the following strict standards the sons must adhere
to:
By court order any of
the sons can take Ernestine Franks out to eat
and spend 1.5 hours with her. Doug Franks pays for
his and his mother’s meal. For this privilege they
must give 2 weeks notice and give the name of the eating
establishment. For two of the sons that will be a
drive over up to 700 miles to have lunch with their
mother for 1.5 hours, then they must leave.
Under the court’s stipulations Ms. Franks is not be
allowed contact with them for another week.
11/21/14
There were continuing questions of the
billing for both Gulf Coast Caring Solutions and
their law firm. To address this a new court
date was set because the guardians’ lawyer wanted to
bring in a professional witness for $5,000. The
witness was a previous judge, now in private
practice and had been Judge Shakelford’s required
mentor when she became a judge, so there is a
conflict. A new judge will need to be seated to fill
the seat of Jan Shackelford because she rotating to
Family Court.
The new court date is
for 1/26/15 that will determine if the latest
billing of the lawyer is legitimate. If the billing
is approved it will give a blank check to allow the
depletion of Ernestine’s estate.
The matter of the
Guardians fees was approved even though objections
were never allowed. This appears a common practice
in Probate court under Judge Jan Shakelford.
2015
1/22/15
Douglas Franks gives testimony at sub
committee hearing on HB5 sponsored by State
Representative Kathleen C.
Passidomo regarding guardianship reform.
1/26/15 A new temporary judge,
Judge Ross Goodman presides over the hearing to
determine payment for Guardians’ attorney fees.
Judge Goodman rules that neither the Guardian nor
the sons have standing to challenge any billing by
anybody. That responsibility is held by SYNOVUS
trust. Synovus Trust Lawyer Jeremy C. Branning is
present and when the judge asks what is your
position on this Branning replies “I’m just here to
observe”.
1/27/15
Ernestine’s sons’ lawyer, Jennifer Byrom, requests
that Synovus Trust object to the invoice by the
guardians law firm McDonald, Fleming, Moorhead,
which only Synovus has the power to do. Synovus
Trust takes no action.
2/19/15 Synovus does not
challenge any billing, but files suit to be removed
from managing Ernestine’s trust
2/23/15
the son’s attorney files emergency motion to extend
the time to determine reasonable attorney fees by
guardians law firm.
2/24/15
Guardians law files objection to emergency motion to
extend the time to determine reasonable attorney
fees
3/12/15
Douglas Franks testifies on SB 1226 that Senator
Nancy Deter has sponsored to address the
misconduct. Here are her powerful quotes.
“Florida
has some of the strongest laws in the nation,
really great laws,” Detert
said. “But some
predators in this field have created their own
cottage industry and are crawling through cracks
in our otherwise very good laws and taking
advantage of the elderly.”
“Those little cracks in
the law are allowing cockroaches to crawl through
and take advantage of people who are elderly,”
Detert told the Senate Children, Families and Elder
Affairs Committee. “Let’s face it. The elderly are
today’s invisible people, who are not given much
credence when they complain.”
As of March 2015 the
daily care service has been replaced by a properly
licensed care health service.
Synovus Trust has
sued to be replaced. Judge Jan Shakelford
ruled, as did Judge Goodman that the Synovus Trust
for Ernestine Franks was ultimately responsible for
all monies spent for her care.
4/2/15
Easter visit
is “CANCELED” for
Ernestine to see her boys due to the boys brazen
activity on their part. It is believed that it was
in retaliation for Douglas Franks
testimony in front of the Senate and House on SB
1226 and others bills. There are three bills
that are on the floor that deal with stopping
For-Profit Guardianship Abuse.
4/13/15
Douglas Franks along with others
from around the US make a trip to Orlando, FL to
be part of a Elder Abuse Documentary on victims of
the cottage industry called professional
For-Profit Guardianships.
6/1/15
The Florida Bar Newsletter front page features
Ernestine’s Franks case.
Legislature takes steps to rein in guardians
‘Some predators in this field have created their
own cottage industry and are . . . taking
advantage of the elderly’
8/24/15
There is a hearing to determine if the
Guardian’s lawyer fees of $62,000 are reasonable. A
hand picked attorney was chosen by McDonald
Fleming Moorhead to review the billing and found
nothing wrong. Douglas objected and stated that the
sons had standing in the court to challenge this,
according to Hayes vs.
Thomson and offered to supply that ruling
to the Judge. When asked if Doug Franks was doing
well with his visits the Guardians attorney Belinda
De Kozan stated for the most part but he is in
contempt of court with the www.FreeErnestine.com web
site. When she was pressed about West Florida Home
Care Service being unlicensed to give “Hands on
Care” and that they were hired by the Guardians from
day one the Judge asked Ms. De Kozon to explain.
She proceeded to make 5 false statements:
1.Gulf
Coast had hired the best care (No, the care givers hired
were unlicensed to give hands on care, and
were therefore eventually fired because of this.)
2.Ms.
Franks was only on vitamins when they were
hired (No, she was on
4 prescriptions before Gulf Coast
Guardians came on board)
3.When
the Franks boys informed the Guardians that West
Florida Home Care was not licensed for what they
were doing the Guardians hired a “pharmacy group” to
supply Ms. Franks with prescriptions. However,
there is no such thing as a “pharmacy
group”, there are no invoices for a “pharmacy
group” and even if there was it would not
be permitted under AHCA regulations.
4.West
Florida Home Care was asked to stay on but they
refused due to the harassment of the
Franks boys. In actuality they were a house
cleaning/companion service that was
not licensed to give any hands on
care according to AHCA and Ernestine’s
long term insurance company. They
couldn’t stay because they were performing duties
that were illegal for them to perform and put
Ernestine’s health and life at risk.
5.They
stated that the Guardians tried a number of
other agencies to care for Ms. Franks but
“no one will touch this client”. However, a
call was made just a few days after this hearing to
6 health care services in Pensacola and they all
said they would take the job. This information
was submitted to the Judge to show Ms. De
Kozan "Fraud Upon the Court" and why the boys
had had all the
orders against them. To keep
litigation on going there must be a boogie man so the Franks
boys have been made out to be just that. With close
to $300,000 paid in attorney fees this has been a
immoral but brilliant strategy by the law firm that
has depended on the deceiving the court.
9/3/15
West Florida Home Care Service LLC is Fined
$1,000.00 by AHCA for misconduct violations that
were a result of the initial complaint made by
friends of Ernestine Franks.
9/24/15
The Judge permitted all the charges. SYNOVUS then
had the final option to ok them or question them.
They chose to do business as usual and pay over the
$66,000.00 billed to “protect Ms. Franks”
10/23/15
Gulf
Coast Caring Solutions LLC summited their
resignation to the court as Ernestine Franks
Guardian. They also made a request to the court to
change the Trust to allow a hand picked successor to
be both new Trust manager and Guardian. This
action will reinforce the “0” transparency to an
even higher level.
10/31/15 The Wall Street Journal
publishes a featured article: “Abuse Plagues System of Legal
Guardians for Adults”. One of
the families whose story is covered is that of
Ernestine Franks and her sons.
11/1/15
William
Bond one of the (2) lawyers for the Guardians
files an objection to Mr Franks request to the court
to see the supervisors report and care givers notes.
It was the Judges idea that Mr. Franks petition the
court to do so on the 9/24/15 hearing. The reports
will show that the interaction between the Franks
boys and their mother has been outstanding. This is
not what the Guardians want to be know.
11/03/15
Court date has been set to hear who should be
Ernestine's new Trust Manager and Guardian. Will it
be her son who she had requested or another complete
stranger who is in it “FOR PROFIT”?
11/16/15
Gulf
Coast Caring Solutions and their attorneys McDonald
Fleming Moorhead represented by Belinda B. de
Kozan and William A. Bond requested to be
relieved as guardians of Ernestine K. Franks. They
requested that the court consider their
recommendation as both Guardian and Trustee to
succeed them. Douglas Franks the son of Ernestine
was the other choice. Mr. Franks submitted a
250-page petition on why he should be Successor
Guardian and why the recommendation of the past
guardian should not be considered.
The
Judge stated he would not read any of the
petitions even after Mr. Franks pointed out that
it was new evidence, which had never been seen by
the court. The Judge also stated “How do I know
because you are an heir to the estate you will not
financially abuse your position? Mr. Franks
asked the court what could he do to prove that he
would never abuse his position of guardian?
Mr. Franks also replied his actions have spoken
loudly regarding his support of his mother at
financial cost to himself. For instance he
protected his mother by discovering and reporting
an illegal care service hired by Gulf Coast Caring
Solutions that had to quit because they were
exposed.
Mr. Franks also said he
would take care of his mother at no cost.
The
Judge stated that for now he would give J Alan
Kohl full control of both Guardianship and Trustee
of Ernestine K. Franks. This is in opposition of
the current direction of the Florida Legislature,
which is emphasizing that family members should be
considered first as guardians. The
legislature is also looking closely at the
financial danger to a ward under for-profit
guardians. Mr. Franks expressed his concern
that there may be less oversight than ever with
one person, recommended by the former guardians,
in complete control.
12/18/15
Gulf Coast Caring Solutions request more time
to turn in final accounting and is granted the
extension
2016
1/06/16
ORDER GRANTING MOTION BY SUCCESSOR GUARDIAN
TO EXTEND DEADLINE FOR FILING INITIAL INVENTORY
1/16/16
Doug Franks testifies at Senate
Subcommittee on SB 232 along side Senate Nancy
Detert. Bill approved 10 yea 0 nays
1/28/16 Doug Franks
testifies on HB 403 House Representative Larry
Ahern. Bill approved 12 yeas 0 nays
2/03/16 COURT ORDER REQUIRING - GRDN INITIAL PLAN
2/09/16 Doug Franks
testifies in front of Senate Subcommittee on SB 730
by Senator Gwen Margolis. Bill approved 10 yeas 0
nays
2/10/16 Doug Franks
testifies in front of Senate Subcommittee on HB 403
along side House Representative Larry Ahern.
Bill approved 10 yeas 0 nays
2/10/16 Doug Franks is
recognized on the Florida Senate floor with a
standing ovation after Senate Derter induces him as
a person that has spoken out on the abuses of
For-Profit Guardian. The Florida Senate not only
passes bill 40 yeas to 0 nays but all 40 Senators
cosponsored the bill.
2/16/16 PETITION TO DETERMINE
REASONABLENESS OF GULF COAST CARING SOLUTIONS,
LLC'S FINAL FEES AND EXPENSES COVERING THE PERIOD
OF 5/1/2015-2/5/2016/EXHIBIT A
2/16/16 PETITION TO DETERMINE
REASONABLENESS OF MCDONALD FLEMING MOORHEAD'S
FINAL ATTORNEY'S FEES AND EXPENSES COVERING THE
PERIOD OF 4/25/2015-2/12/2016/EXHIBIT A
2/17/16 ORDER APPROVING INITIAL REPORT OF
GUARDIAN OF THE PERSON
It appears that all
entities involved with Ms. Franks’ for-profit
guardianship have failed to act for her ultimate
financial good, let alone her personal good.
And the sons have been advised that it is her trust
manager who has had the final say as to what monies
have been spent for her care. It was Synovus
job to look after her, and not pay out money without
the highest of standards used. The sons wonder why
the trust, under Roger Brown’s watch paid lawyer
bills with out knowing the hourly charge? And why
Roger brown changed 180 degrees from what his
client…Ernestine Franks… had documented in her
trust, which he had full access to for years.
Ernestine’s family is
looking at every option to address the fiduciary
misconduct by Synovus Bank and Trust
More information will be
posted as developments take place.
The guardian and her
attorney operate under the guise of “protecting”
Ernestine while they drain her financially and
isolate her from her loved ones.
Still living in her own
home Ernestine’s daily living expenses have
increased $630.00 per day under Guardianship. She
now pays over $1,000.00
PER-DAY PLUS. Her total spent to-date under
Guardianship is now over $1,000,000.00
Ernestine's Guardians
were Terry Bell Bush and Donna Potts they have now
Gone Out of Business
On there website http://www.gccaringsolutions.com/Professional-Guardianship.html
they state the following
“Ensuring safety,
Nurturing independence, Sustaining relationships”.
“The goal of effective
guardianship is to be able to restore the rights of
the individual who, for whatever reason, has had
some of them removed by a court after due process.
It is true that in many instances once a court has
initiated a guardianship, it is in place until the
incapacitated person dies. However, an annual review
and assessment will monitor the need for maintaining
or terminating a guardianship, and alert the court
to a potential restoration of some or all of the
incapacitated person's rights.”
“The guiding principle
in all guardianship is that of least intrusive
measures to assure as much autonomy as possible. The
court defines the guardian’s authority and the
guardian may not operate outside that authority. A
guardian may be a family member or friend or a
public or private entity appointed by the court.”
10/14/16 Hearing
Judges Scott Duncan rules that Charles and
Douglas Franks can now be co-guardians of their
mom Ernestine K. Franks
10/30/16
ORDER APPOINTING GUARDIAN CHARLES
FRANKS AND DOUGLAS FRANKS SUCCESSOR PLENARY CO-
GUARDIAN OF PERSON AND PROPERTY - Recorded
(OR.7614.1508 / 2016083925)
11/03/16 Douglas
Franks moves to Pensacola to live and take care of
his mother. Ernestine is now living free and
happy!
12/16/16
After 45 days of freedom and a great day outing
that ended with Chick-fil-A icedream Ernestine
Franks had a heat massive attack. She passed in
her sons arms hearing the last words from him “I
love you and everything is going to be ok mom”
2017
Ernestine
Franks estate is liquidated by the new Trust
Manager Wesley
Odom .
Douglas Franks the Co-Trustee for Marshall Franks
questions some of the actions taken by the Trust
manager. Doug Franks points out that they are of
not in the best interest of all the Franks sons.
Doug Franks feels Wesley Odom as the trust
manager is in breach of his fiduciary duty. Doug
Franks is told by Wesley
Odom in a
ph conversation that “Your Mother was batshit
crazy, the 7th amendment will never hold up in
court, and I know now why Roger Brown never like
you” All respect and trust was lost when he made
that statement.
2018
9/1/18 Gary
B Leuchtman hired
by Wesley
Odom of Amanda
Advisors both
of Pensacola, FL to take trust to probate court.
Mr. Leuchtman had close to a 20min ph conversation
with Doug Franks on 1/1/16 about his mothers case
that include home care, PensacolaLaw, and
the Franks Family Trust are covered. PensacolaLaw
later requested that Gary B Leuchtman review their
attorney invoices for probate court to approval.
Doug Franks pointed out his conflict to the court
and to Leuchtman so he did his ethical duty under
Florida Bar rules and withdrew.
11/1/18 Wesley
Odom has Gary
B Leuchtman Files
with the Escambia Probate court to have Odoms
Trustee PETITION TO APPROVE ACTIONS AND
CONSTRUE TRUST ie
approved his accounting, make Doug Franks
sign an agreement that holds Wesley Odom Harmless,
and then remove Doug Franks as Co-Trustee
of is brother Marshall Franks.
2019
1/31/19 A
hearing will take place to see if there is
jurisdiction in Probate or Federal court.
