Moody Bible agreed to get them a house but stonewalled every attempt by the Clinesmiths to reach that goal. Between the filing of the guardianship case and initial contacts with the guardian ad litem, visitor and health care professional, and while still trying to persuade Moody to buy them a house with their own money, Bruce suffered a fall, was hospitalized and then moved to a locked-down assisted living facility dementia unit for rest and recovery, and to gain back some weight and strength. Bruce showed early signs of dementia brought on more acutely by the traumatic event of surviving three days exposed to the elements without food or water after Hurricane Charlie destroyed their home, and then the fall.

The primary goal of both Bruce and Ruth was to live together in their own home again. This becomes very important as this post comes together.

Ruth Clinesmith Sues Moody Bible

With Bruce in a locked-down facility, and in order to take care of herself and her husband, Ruth then sued Moody Bible Institute of Chicago in Federal District Court in New Mexico to obtain monies from the two trusts. The suit was based on the fact that half the funds held in these trusts were her community or quasi-community property. Upon getting access to her monies she would buy a house and staff it with the help she and her husband needed.

Moody Bible, represented by Spencer Reid, Esq. of Keleher & McLeod, took the position that the monies in the two trusts were all Bruce’s sole and separate property. Moody Bible drafted the trust documents wrongfully reflecting Bruce as the sole Trustor, leaving Ruth and her rightful interests in limbo land.

Although Stein’s attempt to get monies on a preliminary basis were not successful, during a recess in the proceedings before Federal District Judge Parker, the representatives of Moody said they agreed in principal with getting a home for Bruce and Ruth and providing the needed help with monies from the trusts. This became another in a long line of broken promises.

Attorney MacKenzie Files for Temporary Guardianship

Meanwhile back in the state guardianship case, MacKenzie blocked all attempts at discovery. MacKenzie filed a supplementary petition to have Decades, LLC appointed Bruce’s Temporary Guardian and Temporary Conservator. They were appointed to the temporary positions on July 18, 2005 after a non-hearing-hearing before Judge Linda M. Vanzi. (A non-hearing-hearing is where Judge Vanzi listens to lawyers argue, refuses to require or accept sworn testimony and makes rulings based on whatever unsworn statements she likes best.)

Stein quickly asked for a meeting with the newly appointed Temporary Guardian and Conservator, Decades, LLC, at his office to try and get the results his clients wanted: a home with the help they needed. Among the persons attending were Barbara Singer from Decades, LLC, and Decades’ Attorney, Nell Graham Sale, Esq. of the Miller, Stratvert Firm. It was agreed, once again, that the Clinesmiths should have their own home with full time help around the clock to attend their needs.

Ruth Clinesmith and her New Mexico family looked around for a home that would meet their needs with enough room for required caregivers. When an appropriate home was found, the principals of Decades, LLC refused to move quickly enough to look at the property. Appropriate properties were lost to other buyers who acted swiftly. Decades also refused to demand that Moody pass a sufficient sum of money from the Clinesmith Trusts to Decades so they could contract for and purchase a home in what was then a very hot and fast moving real estate market in Albuquerque.

All during this time, MacKenzie, on behalf of Temmerman, Spencer Reid, Esq., on behalf of Moody, and Nell Graham Sale on behalf of Decades, LLC, were trying to remove Stein as the attorney for Bruce and Ruth in state and federal court claiming a “conflict of interest” existed between Bruce and Ruth that was never identified, articulated or proved, and, therefore, Stein could not represent either one of them.

Moody’s and Decades’ Selfish Motives

Moody Bible didn’t want to spend Bruce and Ruth’s money - the money Moody would get upon the Clinemsmiths’ deaths - on a new home in which to take care of Bruce’s and Ruth’s needs.

Keeping the status quo for Bruce made the job of Decades, LLC easier: he was warehoused by others in the locked-down prison of an assisted living facility. If they could keep Bruce from living with his wife while monitoring and restricting the length of their visits and what they could talk about - including financial and court matters - what better way to accomplish the goal of assuring that Moody Bible inherits over $12 million dollars.

Decades keeps earning fees as the guardian and conservator, and everybody’s lawyers get paid, as well, as long as Moody controls the Clinesmith wealth. The less spent on the Clinesmiths, the more Moody Bible gets. And if they can get rid of Stein from representing the Clinesmiths’ interests while keeping a tight hold on the purse strings so Ruth can’t afford representation other than what Moody Bible approves, well, that would really keep Bruce and Ruth in line and further assure the windfall over which Moody Bible was salivating and could almost taste.

Ultimately, Vanzi fell for the conflict of interest argument and - without taking any testimony whatsoever - removed Stein from representing Bruce in the guardianship proceeding.

Bruce and Ruth Sign New Testamentary Documents

Stein also had two psychiatrists present, Dr. Summers and Dr. Kellogg, to observe and assure that Bruce understood what he was doing and comprehended the explanations given by Stein concerning the impact of the documents. (See, Dr. Summers’ letter of 8-10-05 letter, Dr. Summers’ letter of 8-20-05 and Dr. Kellogg’s letter of 10-10-05.)

The restated Trust makes clear that the property in the Trusts is community or quasi-community property of Bruce and Ruth. The restatement gave the children increased bequests from the old Trusts and changed the beneficiary of the bulk of their joint wealth from Moody Bible Institute of Chicago to other worthy Christian education charities.

Well, this was too much for Decades, LLC, MacKenzie and Moody. On short notice, Decades’ lawyers ran to court to stop Stein from having any contact with Bruce and to set aside the new restatement of the trusts. MacKenzie joined in asking for this result.

At the next non-hearing-hearing before Judge Vanzi on Aug. 22, 2005, no testimony was requested or accepted by Judge Vanzi before she set aside the restated trusts. When an attempt was made to present the other side, Vanzi said that she didn’t need to hear the other side.

It is doubtful MacKenzie told his client that her bequest in the newly restated Trusts increased her inheritance by $150,000.00 - more than double what she was originally getting in the old trusts - and that by joining Decades in their motion she would never see this additional money when her father passed. When this change to the trust came up in court on September 1, 2005 that Temmerman was to get more money in the restated Trust, she looked shocked. MacKenzie and Tom Popejoy spent a good 30 minutes in the courtroom after the hearing was over with their client. One assumes they were attempting to calm her down. One has to question to whom did Popejoy & MacKenzie owe their loyalty: Moody Bible or Temmerman.

At the subsequent hearing of September 1, 2005, Vanzi removed Stein from representing Ruth in the guardianship and conservatorship case. Stein was, at that point, completely out of the case. Ultimately, Decades, LLC was named the full permanent guardian and conservator of Bruce on Sept. 28, 2005.

Decades Issues Draconian Visitation Guidelines For Bruce

The provisions and conditions placed on visitation with Bruce are draconian. A comparison to the old Soviet Union’s use of mental facilities to control opposition may be appropriate: Ruth, his wife for over 35 years, is only allowed to visit Bruce with a monitor and only between noon and 4:00 p.m. daily; her conversations with her husband are to be monitored by Decades’ designated persons and there is a list of prohibited subjects that cannot be discussed, e.g. finances, leaving the facility, the purchase of a home and any matters concerning court proceedings. All written messages must be read and approved first by the monitor. The only reason given for such drastic measures is that Bruce gets upset when Ruth or her family visits. Of course he gets upset; he wants to go home with Ruth. And, yes, this has happened in the United States of America with the approval of a judge.

The Guardianship Connection

Now, what is the connection between Attorney MacKenzie, Decades, LLC’s Nancy Oriola and Barbara Singer, and Geriatric Care Management, LLC’s Martha Brown? Well, all of them were identified as contributors to the New Mexico Guardianship Association, Inc.’s 2007 revision of The Handbook for Guardians and Conservators. (The Handbook is 90 pages long. We have only included the first four pages here to show the contributors.) This is a publication of the Office of the New Mexico Attorney General. The NMGA is a 501(c)(3) charitable organization. MacKenzie is the Treasurer of the organization and Singer is on the Board of Directors.

And look what the Handbook says about some of the duties of a guardian and conservator concerning issues raised in the Clinesmith case: The Handbook at pg. 1 says: The ward or protected person still has the right to make or change a will or trust. Why did Decades instruct their lawyers to run to court on an emergency basis when they found out about the restated Trusts? Decades knew Bruce had the right to change his estate plan. They helped write the Handbook.

Concerning a place to live for the Clinesmiths: Everything that Stein promoted for his clients in both state and federal courts is the goal for guardians and conservators outlined in the Handbook: staying at home with as much help needed when the ward can afford it to assure safety and independence, including hiring full time personnel. Handbook, pg. 8. No reason has ever been given for not placing Bruce and Ruth in a home of their own. Why did Decades frustrate the purchase of a home? They helped write the Handbook.

And then, on page 9, the following paragraph appears - with the bold sentence contained in the original:

“If the ward has the assets to pay for extra help, it is your job to arrange for as much help as possible to ensure the ward’s safety and independence. It is not your job as guardian to preserve the ward’s assets for your inheritance or for the inheritance of other family members. The ward’s money should be spent on his or her care first and foremost. No one but the ward has a right to his or her assets during the ward’s lifetime.”

Well, from their actions, it seems the job of Martha Brown, Nancy Oriola and Barbara Singer and their lawyers was to preserve as much money in the Clinesmith Trusts to assure Moody Bible Institute of the largest possible bequest under the Trusts by holding Bruce captive in the assisted living facility away from his wife and helping Moody by stonewalling every attempt by Stein to get his clients in control of their own lives and monies.

Martha Brown, Nancy Oriola and Barbara Singer knew they should not be concerned with reduction of any beneficiary’s share of an estate. The money should be used to take care of the ward without that consideration. They helped write the Handbook.

Concerning community property: The conservator must find out whether property is community property that belongs to both spouses or the separate property of one spouse or the other. Handbook, page 35.

Decades has never made an attempt to ascertain what assets belong to Bruce and what belongs to Ruth. It was MacKenzie who first suggested to Judge Vanzi that he thought the money all belonged to Bruce. No evidence. No proof. It is impossible that after 35 years of marriage Ruth Clinesmith has no interest in their $12 million estate. No one involved in this case has looked beyond the ill drafted Trusts done by Moody to see where the assets placed in the Trusts came from. Ruth is at least owed that much.

Martha Brown, without a subpoena or leave of court, gave her confidential visitor’s report to Attorney Reid to be filed in the public file in the federal court case to stop Ruth from getting her monies under the Trusts to house and take care of her husband. Whose side is she on? She should be on Bruce’s side. She helped write the Handbook.

CONCUSION

Couples with $12 million don’t reside in nursing homes or assisted living facilities. They live at home with full time nurses and aides. Their money takes care of them in a manner fitting their previous financial success in life. Trustees of the wealth of such a couple should see to it.

Spouses of incapacitated persons should not be treated like second class citizens as though they don’t matter, with disdain and suspicion. The dignity of the well spouse should not be sacrificed for the claimed well-being of the ill spouse. Every judge, guardian, conservator, court appointed visitor, guardian ad litem and qualified health care professional in these proceedings should treat the well spouse with respect and deference, as is their due. That is not what happened in the Clinesmith case. Ruth Clinesmith was treated like a pariah.

Moody Bible Institute of Chicago should never be entrusted with or accept control of revocable trusts that name themselves as beneficiaries of any bequested amount, much less $12 million. Ruth and Bruce were convinced that Moody breached its fiduciary duty to them by their actions outlined in this post. Ruth is also convinced that the principals of Decades, LLC and Geriatric Care Management, LLC also breached their duty to Bruce in this case, blinded by their fees controlled by Moody.

One day there will be an accounting.

This entry was posted on Sunday, July 1st, 2007 at 7:55 pm and is filed under Guardians and Conservators. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.