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Whose Best Interests?
Continued from page 1
Published: January 25, 2007Evans claims he went to get his mother but the hospital just gave him papers to sign and would not release her.
Of course, it's possible that the son's account is not totally reliable.
"This wasn't a case of miscommunication," thunders Jan McLaughlin, director of the Harris County Guardianship Program. "The son had ample opportunity to come and get her."
On November 3 Hill was transferred to Lexington Place, where she says she unknowingly forfeited her monthly $826 Social Security check to the facility.
"I didn't read a thing," Hill says. "I didn't know what I was signing."
Evans says the lost income led to his phone being disconnected. He overdrew his bank account and feared eviction for falling behind on rent.
County officials have made some negative assumptions about Evans, despite the many years he provided for his mother.
"Some family members don't want to care for elderly relatives," suggests Estella Olguin, community relations director for Harris County Protective Services, regarding the case. "Then they realize they have to pay their own bills."
On December 12, six floors above downtown Houston in the Harris County Civil Justice building, Probate Court One Judge Russell Austin ignored Hill's pleas and officially declared her a ward. The hearing lasted maybe ten minutes. Neither Hill nor any of her family or friends attended.
Though it's easy to bitch about bumbling bureaucrats, it would seem in this case county officials followed protocol and did everything they were supposed to. Except they screwed up.
It isn't enough that the Harris County Guardianship Program mailed a single certified letter to Evans. The county, by law, must send such letters to "all adult children of a proposed ward," according to Section 633(d)(1) of the Texas Probate Code.
County officials, including McLaughlin, know Hill has three adult children: sons Marvin and Wilbert Evans and daughter Maxine Hill. County social worker Elizabeth Pena filed an "Affidavit of Effort to Locate Family" with the probate court that included all three names.
The county can be forgiven for not informing Wilbert Evans, who hasn't been seen by the family for 30 years. Maxine Hill, however, lives with her husband and child in Mansfield, Louisiana.
Pena recalls her meetings with Hill: "Every time I visited her, she cried." Pena also remembers being told about Maxine Hill living "somewhere in Louisiana," but claims that despite her best efforts she could not locate the daughter.
Pena's attempts must have been halfhearted at best since Maxine Hill can be readily found via a simple phone call to 4-1-1 directory assistance. Hers is the lone name that registers in a statewide search.
"We didn't know that," says McLaughlin, when informed by the Press.
Maxine Hill, a 49-year-old restaurant manager, was outraged when she learned her mother was made a ward. Had she been informed, she never would have let it happen.
"Mama always told me she didn't want to be put in no nursing home," she says. "I don't understand why they done it. I mean, I could see if she didn't have nobody else."
Growing up in one of Houston's most upscale neighborhoods, attending an elite private high school and socializing at exclusive country clubs has its disadvantages.
"Our world was insular and homogenized," says 36-year-old Robert Liddell, whose father Frank was a legendary trial lawyer and remains a partner at mega-firm Locke Liddell & Sapp LLP. "We pretty much got one perspective."
Margie Hill, hired as the family's housekeeper in 1976, opened their eyes to a life beyond their privileged upbringing. After all, the Liddell children were more likely to encounter a UFO than an African-American woman living paycheck-to-paycheck in a rental apartment.
Hill arrived at the family's 7,500-square-foot Tanglewood mansion widowed and in her early 40s. It was the first and only job she ever held. She stayed on for two decades and became a beloved member of the Liddell family.
Lise Putnam Liddell, the family's 71-year-old matriarch, describes Hill as hardworking, trustworthy and proud. "She had a dignity about her that you don't see often," she says.
Her 44-year-old daughter, a local singer and songwriter also named Lise, remembers Hill as lighthearted, gregarious and always fashionably dressed. "She'd hug us all the time and chide us when we needed it," she says.
Robert Liddell, now an adjunct English professor at Houston Community College, credits Hill for helping him get through his parents' protracted divorce. "She was a source of stability at a time that was troubled." he says. "She could have simply done a job and gone home. But she chose to care."
Hill still refers to Robert Liddell as her baby. His graduation picture from The Kinkaid School is prominently displayed on her living room wall.
Though Hill could no longer work after her stroke, Lise Putnam Liddell continued to provide her $800 a month. Her children gladly assumed this responsibility a couple years ago. Added to her social security check, the money afforded Hill and her son a modestly comfortable life.
As he often does around the holidays, Robert Liddell called Hill one day last fall. The phone was disconnected; he figured she missed a payment.
His sister Lise kept calling during the next several weeks. Worried, she decided to pay Hill a visit just before Christmas.
She ascended the stairs to Hill's apartment and rapped at the door. Evans invited her in, collapsed on a couch and broke into sobs. His mother had been taken away and he didn't understand why, he told her.
Evans explained that he had recently visited his mother at Lexington Place. He said administrator Thelma Broussard informed him that Lexington Place was her new home and that any questions should be addressed to the county.
This exchange occurred a week before Hill became a ward, according to county records.
Lise Liddell felt mortified and partially responsible for not acting sooner. She did not understand how this could have happened. She called her father, whose firm retains 400 attorneys. But they specialize in corporate law and anyway, offices were already shuttered for the holidays.












Something needs to be done to stop forced guardianships. I have been reading too many articles about the elderly being taken against their will and even when there is family available to care for the elder. In my opinion this is wrong. The financial hardship is bad enough, but I believe that the emotional and mental anguish placed on the family and their loved one is abusive. These types of stories are showing up at an alarming rate. Many become victims of abuse, neglect and exploitation after put in a guardianship. And this story seems to be starting out no different to me. Guardians routinely force their wards into nursing homes. And then, the abuse starts. Some abuse occurs in the nursing homes, and some by the guardians who are supposed to be protecting. It’s happening every day. And apparently this facility has complaints with violations. Is anyone listening? I have read that Texas has a bad history already in articles about the state coming under scrutiny for neglect of the elderly and unlicensed facilities. And this family will already have a hardship having been forced into the court system. I believe the guardian ought to make less problems here and just voluntarily resign.
Comment by A concerned reader — March 15, 2007 @ 11:51PM
Thank you for your story. In my opinion, nobody should be forced into a guardianship without a jury trial and family comes before the state. Our relative was a victim of a forced guardianship/forced conservatorship in California. She, a woman of means, became a ward of the state. We, her only family and power of attorney, were bypassed for no reason. Our relative died in state confinement.[ We are in ongoing litigation.] I think that forced guardianships must be banned and that nobody should lose liberty without a jury trial.
Comment by Johnny Sutton — March 24, 2007 @ 10:24PM
Perhaps there should be a state and federal office of guardianship. In my opinion, counties ought not to have so much "power". I think that forced guardianships should be banned as unconstitutional. I also think the question should be asked, how many homeless with no money at all are under involuntary guardianship? Thank you for writing about this sad story.
Comment by Johnny Sutton — March 25, 2007 @ 10:34AM