marcia pevey.guardianfees0001

18
for total expenses paid - refer to the Income/Expense Detail attached hereto and incorporated herein ~ ' .t)j by reference.) T~m or~ G~uar.dianPending Contest asserts that compensation forfiduciary services ~ in'the total sum f$1, ~90 1.09 s unreasonably low when considering the fiduciary services rendered ()t-- / \1 ~o :c::~:::~7::::)~:e:= ~:::::t:::eqUe.1S that the Court modify such compensation in ~f {iI 3. Ti~e records ofTemporary Guardian Pending Contest' sfiduciary services for this (~ Iv period are attached hereto as Exhibit A and incorporated herein by reference. -, PROBATE COURi 4 GUARDIANSHIP OF HELEN RITA HALE INCAPACITATED No. 403,028 § § § IN THE PROBATE COURT NO. FOUR (4) OF HARRIS COUNTY, TEXAS SECOND SUPPLEMENT TO APPLICATION FOR PAYMENT OF GUARDIAN'S COMPENSATION FOR THE PERIOD OF MAY, 2011 THROUGH SEPTEMBER 8, 2011 TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, ~CIA PEVEY, ("Temporary Guardian Pending Contest") Temporary .Guardian Pending Contest of the Person and Estate of HELEN RITA HALE, Incapacitated Person ("Ward"), and files this Application for Payment of Guardian's Compensation and, in support, respectfully shows the Court as follows: 1. MARCIA PEVEY was appointed and subsequently qualified as Temporary Guardian Pending Contest of the Person and Estate of HELEN RITA HALE on April 27, 2011, and has administered this guardianship in accordance with the provisions of the Texas Probate Code. 2. MARCIA PEVEY has rendered necessary fiduciary services as Temporary Guardian Pending Contest of the Person and Estate of HELEN RITA HALE for the time period of May, 2011 through September 19, 2011. Payment of a temporary guardian's commission as authorized by §665(b), Texas Probate Code, would result in compensation to Temporary Guardian Pending Contest in the total sum of$1,791.09 (5% of the total income of$27,756.63 and 5% of $8,065.l2

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Page 1: Marcia pevey.guardianfees0001

for total expenses paid - refer to the Income/Expense Detail attached hereto and incorporated herein

~'.t)j by reference.) T~m or~ G~uar.dianPending Contest asserts that compensation for fiduciary services

~ in'the total sum f$1, ~90 1.09 s unreasonably low when considering the fiduciary services rendered()t-- /

\1~o\¥ :c::~:::~7::::)~:e:= ~:::::t:::eqUe.1S that the Court modify such compensation in

~f {iI 3. Ti~e records ofTemporary Guardian Pending Contest' sfiduciary services for this

( ~ Iv period are attached hereto as Exhibit A and incorporated herein by reference.

-,

PROBATE COURi 4

GUARDIANSHIP OF

HELEN RITA HALE

INCAPACITATED

No. 403,028

§

§

§

IN THE PROBATE COURT

NO. FOUR (4) OF

HARRIS COUNTY, TEXAS

SECOND SUPPLEMENT TOAPPLICATION FOR PAYMENT OF GUARDIAN'S COMPENSATIONFOR THE PERIOD OF MAY, 2011 THROUGH SEPTEMBER 8, 2011

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, ~CIA PEVEY, ("Temporary Guardian Pending Contest") Temporary

.Guardian Pending Contest of the Person and Estate of HELEN RITA HALE, Incapacitated Person

("Ward"), and files this Application for Payment of Guardian's Compensation and, in support,

respectfully shows the Court as follows:

1. MARCIA PEVEY was appointed and subsequently qualified as Temporary Guardian

Pending Contest of the Person and Estate of HELEN RITA HALE on April 27, 2011, and has

administered this guardianship in accordance with the provisions of the Texas Probate Code.

2. MARCIA PEVEY has rendered necessary fiduciary services as Temporary Guardian

Pending Contest of the Person and Estate of HELEN RITA HALE for the time period of May, 2011

through September 19, 2011. Payment of a temporary guardian's commission as authorized by

§665(b), Texas Probate Code, would result in compensation to Temporary Guardian Pending

Contest in the total sum of$1,791.09 (5% of the total income of$27,756.63 and 5% of $8,065.l2

Page 2: Marcia pevey.guardianfees0001

4.. Temporary Guardian Pending Contest requests this Court's approval for fiduciary

compensation for this time period of May, 2011 through September 19,2011, in the amount of

$3,630.00 and $210.00 and $820.00 for a total sum of$4,660.00.

WHEREFORE, Applicant requests a Temporary Guardian's compensation in lieu of

commission in the amount of $4,660.00 for her fiduciary services performed for Ward, May, 2011

through September 19,2011 or, in the alternative, Applicant requests reasonable compensation to be

determined by the Court.

Respectfully submitted,

~=y,~~TBA #0(,)784754 <,~.i7: (1 \ N ."

, .-< J / r~1001 West Loop South, Ste. 8Q~;:~\~\ \ N['T1.:

Houston, Texas 77027 ;~;~:;;:,.\--.' ~ Cl(713) 526-8772 (713) 623~283~;IfaX) LO

Temporary Guardian Pending Cphte~ofthe [srsonand Estate of HELEN RIT A HALE!~

CERTIFICATE OF SERVTCE

I hereby certify that on this the I r day of ~ , 2011, a true and correct copy of theforegoing APPLICATION FOR PAYMENT OF G ARDIAN'S COMPENSATION FOR raePERIOD OF MAY, 2011 THROUGH SEPTEMBER 19, 2011 was forwarded by facsimile to:

Teresa Scardino4309 Yoakum Blvd. Ste. 360Houston, Texas 77006-5817Facsimile: 2811218~0990

Attorney Ad Litem

Barbara Calderon21 Briar Hollow Lane, #703Houston, Texas 77027Facsimile: 713 520 5335

Guardian Ad Litem

~f1o=

Page 3: Marcia pevey.guardianfees0001

r---'--.------:---------------------------

GUARDIANSHIP OF

HELEN RITA HALE .

INCAPACITATED

No. 403,028

§

§

§

IN THE PROBATE COURT

NO. FOUR (4) OF

HARRIS COUNTY, TEXAS

ATTORNEY FEE AFFIDAVIT

THE STATE OF TEXAS §§

COUNTY OF HARRIS §

BEFORE ME, the undersigned authority, on this day personally appeared Affiant, MARCIA PEVEY,who after being duly sworn, does state:

1. that Affiant is a duly licensed and practicing attorney with offices in Houston, Harris County',Texas; Affiant was licensed to practice law in Texas in November, 1992, and certified in the TexasProbate Courts regarding elder law, guardianships and ad litems in May, 1994;

2. that Affiant has performed the fiduciary, services which are described in detail in the Itemization ofFees and in the application for payment of guardian's compensation and states that all fees for whichpayment is requested are reasonable and were necessarily incurred in connection with my fiduciaryservices as Temporary Guardian Pending Contest of the Person and Estate of Helen Rita Hale andwere rendered only on behalf of Helen Rita Hale and for the welfare and protection of the ward;

3. that Affiant has made and presented this application and affidavit to the Court for the purpose ofobtaining court review and approval of such fees and their payment.

t

thisSWORN TO~UBSCRIBED by MARCIA PEVEY, before me, the undersigned authority, onIq dayof~. ,2011. - ~.,~o/.w

,~!!!e~~~=~~~ Notary Public,~e of Texas

Page 4: Marcia pevey.guardianfees0001

09/19/11

HALEProfit and loss StandardMay 1 through September 19,'2011

May 1 - Sep 19, '...

IncomeEdward Hale Life Ins. PaymentInterestLoan PaymentOPENING TRANSFER FROM REGI..•

Total Income

ExpenseBondCare Management

Maid ServiceTransportation

. Care Management - Other

Total Care Management

filing feesHomestead

Utilities

Total Homestead

Housing and CarePersonal NeedsHousing and Care - Other

Total Housing and Care

Legal FeesMiscellaneousSittersVoid Check

260.00

301.18335.00640.00

1,276.18

13.00

1,190.961,190.96

179.983,800.00

3,979.98

320.005.00

1,020.000.00

Total Expense 8,065.12,

Net Income 19,691.51

Page 1

Page 5: Marcia pevey.guardianfees0001

THE LAW OFFICE OF MARCIA PEVEY1001 WEST LOOP SOUTH, STE 809

HOUSTON, TX 77027

Helen Hale - GUARDIANSHIPCause No. 403,028Probate Court Four (4)GUARDIAN'S FEES AND COSTS

September 19, 2011

Professional Services

8/17/2011 GDN Phone calls to LaTrevia re supervised Hale family visits with Ward:

1st Week: Mon - Diane, 2 hr visit, cried and upset Ward; Tues - Jane, 1 hrvisit; Wed Susan, stayed 30 minutes, talked a lot about Tom; Thurs - Pete,did not stay long (10:25 -10:45), brought dog (not allowed in); Friday - Tom,30 minute visit, very quiet and nice; Sat - no one came; Sun - off

2nd.week: Mon- Diane, visit much improved, no crying: Tues - Jane calledto change to 4:00; Wed· Susan, money problem; Thura- Pete, came later,visit for 30 minutes, good visit

Phone call from LaTrevia re Jane showed up early and is demanding hermother go to ER.-.3 'L-U~j .Phone call to care manager re going to LaTrevia to evaluate and take Wardto ER if necessary-.3

9/14/2011 GDN

_--!.H.!.!:o~ur~s Amount

1.90 190.00

Phone call from care manager re Tom and Jane at house - will take Ward toCypress Hospital (they would prefer on Huffmeister) -.3 . __ r""'~.SIf)

~ ...Jg~Phone call from care manager re has Ward at ER - UTI. slightly lowered ~ ~ .potassium- possible bowel obstruction - stomach not extended - waiting.Qfl . .doctor - Susan has joined the crew and is very nasty - Ronnie there for shorttime--.5

. Phone call from care manager re Ward being admitted, care manager willstay until all is stable - waiting on doctor - sitter is there ....3

Phone call from care manager re Ward is just constipated - probably fromall the rich/fried food kids bring in, they will keep until 8M and treat; all familyis gone - hospital personnel is aware; will monitor and call care manager-sitter and relief are in place-.5

9/19/2011

~ EXHIBITi

I·A ..

Page 6: Marcia pevey.guardianfees0001

Helen Hale - GUARDIANSHIP

9/14/2011 GDN email correspondence from/to D. Cheatham re niece visiting and the limitson the visits - as of now until permanent guardian in place-.2

email correspondence fromlto D. Cheatham re status ...2

email correspondence from A. Cheatham re new facebook stuff and copiesof new filings reinstating Diane's application ... 1

9/15/2011 GDN Phone call from care manager re putting Ward in Specialized Care for somerehab and PT/OT • care manager will call doctor and report back--.5

Phone call from care manager re Doctor wants to see how muchimprovement when in PT···.3

GDN Phone call from Amy, Social Worker at CyFair Hospital re accusing me ofabuse, etc. and threatening to call APS - I told her to call Probate Court 4and gave her the number; she was very abusive and critical - talked to her along time explaining why Ward was out of her home and told her I waswaiting for Doctors Orders and history of Ward's stay in other rehabs socould put her where her records are-.5

Phone call to care manager re phone call from social worker - care managerwill go see SoicalWorker tomorrow and get records--.3

9/16/2011 GDN Phone call from care manager re Ward is dOing very well and will bedischarged to Legend Oaks for rehab-.5

Phone call from Steven Gary, Administrator of Legend Oaks re contacts andintroduction-.3 <-'

Phone call from care manager re Successor Guardian and when he willhave authority-.3

Phone call from care manager re hospital and family know I will no longer beguardian - worried about who has authority - how did this get out? • I do notknow---.5

GDN Trip to TXDot for duplicate title

GDN Receive and review, complete and return forms to insurance company oncar accident

For professional services rendered

Previous balance

Balance due

9/19/2011

Page 2

_--'-H .•.••o'-='ur•.••s Amount

0.50 50.00

0.80 80.00

0.80 80.00

1.60 160.00

1.50 150.00

0.50 50.00

8.20 $820.00

$3,840.00

$4,660.00

Page 7: Marcia pevey.guardianfees0001

Helen Hale - GUARDIANSHIP

User SummaryName Hours Rate

8.20 100.00

,:~ .

Amount$820.00

3

Marcia Pevey - Guardian

.','

" :

"

.).,

..',. ,.~~

911912011 .~... :

Page 8: Marcia pevey.guardianfees0001

91131201110:27 AV!

THE LAW OFFICE OF MARCIA PEVEYPre- bill Worksheet

Selection Criteria

Parre

Clie.Selection Include: Gdn- Hale

NicknameFull NameAddress

Phone 1Phone 3In Ref ToFees Arrg.Expense ArrgTax ProfileRound FeesLast billLast chargeLast payrrent

Gdn-Hale 1730Helen Hale· GUARDIANSHlPCause No. 403,028Probate Court Four (4)GUARDIAN'S FEES AND COSTS

Phone 2Phone 41

By billingvalue on each slipBy billing value on each slipExempt6 Minutes9n12011918/2011

Amount $0.00

Date User Rate Hoursill ~T~as~k~ ~M_~~k~u~p~~~o.~D~N~B~T~~=

8/8/2011 Marcia Pevey 100.00 0.1043803 General

.email correspondence Diane Cheatham re Tom was in a wreck andaccording to police the car is totaled

8/812011 MarciaPevey 100.00 0.1043804 General

email correspondence Diane Cheatham re reaction of Ronnie Goings tothe scheduling conference

8/1012011 MarciaPevey , 100.00 0.1043805 General

email correspondence to my office re threats from Ronnie Goings

100.00 0.108/1012011 Marcia Pevey43806 General

Receive and review Order for rME

~ EXHIBIT '.i :.'A-.• . '~~'S"-~~'~-'_~·~_"'":f.'f"o .••_.~~_.->:-.·~·tf"-~",.",,.,:._:~,;i·~·.I!'~,,,,:"!,~-t'.'.o:.~:'-_-:":r~"'~.''''~''':'----==='I1__ ..

TotalArmuntDNBAmt

10.00 ---Billa-b-1e

10.00 Billable

10.00 Billable

10,00 Billable

.•••.•.•• ~" ••.•""v,.rv~ ••• _ ••••.• "" __ '~~ ''''':-'''''''.', • ..t._h ....-._ _ ..· -

Page 9: Marcia pevey.guardianfees0001

9/13/201110:27 i-\J\f

TIlE LAW OFFICE OF MARCIA PEVEYPre- billWorksbeet PU!1e 2

10.00

10.00

10.00

10.00

10.00

10.00

10.00

TotalAmountDNBArnt -----

20.00 Billable

Billable

Billable

Billable

Billable .

Billable

Billable

Billable

Gdn-Hale.Helen Hale - GUARDIANSHIP (continued)

Date UserID ~T~~~k _8/1112011 Marcia Pevey

43808 GeneralPhone call from Susan Staley re visitation - abusive in tone and language

RateMarkup %

100.00

HoursDNB Tirr~

'0.20

811212011 Marcia Pevey 100.00 0.1043807 General

email correspondence from care manager re siblingsvisitationscheduleand implementation of same at LaTrevia's

8/1512011 Marcia Pevey 100.00 0.1043809 General

email correspondence flom Diane Cheatham re visits during the week ifat all possible

8/1612011 Marcia Pevey 100.00 0.1043811 General .

email correspondence to/from Archie Cheatham re many questionsabout options for getting Ward back into her home

8/16/2011 MarciaPevey 100.00 0.1043812 General

emai1correspondence to/from Diane Cheatham re her mother wants togo home - many ideas on how to accomplish this

8/1812011 MarciaPevey 100.00 0.1043813 General

errail correspondence to/from Archie Cheatham re his research intoreverse rrortgages - recovering the loans to the children - having Wardin his home

812412011 Marcia Pevey 100.00 0.1043815 General

email correspondence from care manager re new and rrore currentletter from Dr. Uddin on capacity

8/2612011 Marcia Pevey 100.00 0.1043816 General

email correspondence from Diane Cheatham re the 4 Hale childrenhave a PIon Ire and found Dietz blog from 2008

Page 10: Marcia pevey.guardianfees0001

9/13120111027 At\-l

1HE LAW OFFICE OF MARCIA PEVEYPre-bill Worksheet

Gdn-HaleHelen Hale - GUARDIANSHJP (continued)

Date UserID Task'~~----------------------8/3012011 Marcia Pevey

43817 Generalemail correspondence from Diane Cheatham re her ow:ing money to herparents and her testimony at earlier hearing

RateMarkup %

100.00

HoursDNB Tnr.e

0.10

9/112011 Marcia Pevey 100.00 0.1043818 General

email correspondence to/from Diane Cheatham re moving Ward closerto her and changes to her visit time '

I

91212011 Marcia Pevey 100.00 0.1043820 General

emailcorresponderce from Diane Cheatham remail from Atty JamesBayles

9n12011 Marcia Pevey 100.00 0.1043821 General

errail correspondence Archie Cheatham re nasty face book pageposted by Susan Staley

917(2011 Marcia Pevey 100.00 0.1043822 General

email correspondence from Marlon Davis (possible witness at trial) respeaking with his attorney in his suit to remove Ronnie Goings asExecutor offather's Will

917(2011 Marcia Pevey 100.00 0.1043823 General

email correspondence from Diane Cheatham re facebook page

9/812011 MarciaPevey 100.00 0.1043824 General

email correspondence from Diane Cheatham re photos of Hale houseand financial page that was marked but not admitted into evidence

9/812011 Marcia Pevey 100.00 0.1043825 General

email correspondence to/from Archie Cheatham re Guardian Ad LitemBarbara Calderon - question of Diane needing to file to be Guardian oris contest enough - financial data from 1993 and paid back in 1994-has checks

3

TotalAmountDNB Arnt _

10.00

10.00

10.00

'10.00

10.00

10.00

10.00

10.00

Billable

Billable

Billable

Billable

Billable

Billable

Billable

Billable

Page 11: Marcia pevey.guardianfees0001

9/131201110:27 AM

THE LAW OFFICE OF MARCfA PEVEYPre-bill Worksheet Pa£!e 4

Gdn-Hale.Helen Hale - GUARDIANSHIP (continued)

I)ate lJser~II)~ ~T~~'~k _

RateMarkup %

.HoursDNB Tm

AmountI)NB Amt _

Total

TOTAL Billable Fees 2.10 $210,00

Total of billable expense slips $0.00

Calculation of Fees and Costs

Amount Total: (~

Fees Bill Arrangement: Slips~ir~:, By billingvalue on each slip..,.ill Total of billable titre slips $210.00I,~ Total of Fees (Time Charges) $210,00

~l Total of Costs (EXpense Charges) $0,00!mb! Total new charges $210.00!~

Previous BalanceCurrent $3,630.00Total Previous Balance $3,630,00

New BalanceCurrent $3,840.00

Total New Balance $3,840.00

Page 12: Marcia pevey.guardianfees0001

THE LAW OFFICE OF IvlARCIA PEVEY1001 WEST LOOP SOUTH, STE 809

HOUSTON, ·TX 77027

Helen Hale - GUARDIANSHIPCause No. 403,028Probate Court Four (4)GUARDIAN'S FEES AND COSTS

September 07, 2011

Professional Services . ~'f. 'd. "::>0~~~ 'O\\\\t"\~ ~~ '-0 .

~ .4/12/2011 GDN Extended phone call from Susan Staley, daughter, re her story - family

history and her brother's jail and rehab history - also family manipulation

Hours

0.50

4/15/2011 GDN Phone call from Jane Goings re explained guardianship and role of guardian 0.30

5/212011 GDN Phone call from David McHan - APS re exploitation financial call - valid - 0.50Tom Hale; exploitation not valid for Ronnie and Jane; Tom went to prison for,assaulting Jane

GDN Trip to Social Security (SSA had Ward as dead - spent time trying to get to 1.50"other agency" • finally representative made copies and took information andwill call me tomorrow with Supervisor)

5/5/2011 GDN Trip to visit Ward with care manager for assessment - to set beginning rules 1.50with caregiver (son, Tom). He has some of her money which he will return

GDf'J Trip to meet with family members re establish who paid bills etc; gather 1.50records and other paper work; start discussions about paying off debt offamily members to Guardianship Estate

5120/2011 GDN Phone call from Susan Staley re taking her mother to doctor today; contactnumbers for her niece and request that her niece be contacted.

".5/23/2011 GDN Phone call from Ward's daughter, Helen re taking Ward to Casino in LA for

one night stay

5/27/2011 GDN Phone call from Ronnie Goings re his loan payment is in the mail ($805.00);the $8,000 loan is his- he still owes $5,000 and will forward receipt for$3,000 he spent on carpet for Ward's home; informed him that gamblingexpenses can not be reimbursed retroactively

5/31/2011 GDN Sorted and organized banker's box of documents from Hale family

.. EXHIBITI\~. :_.

~ .. c-r--:

0.30

0.20

Amount

50.00

30.00

50.00

30.00

20.00

0.50 50.00.

~~G-.~d DQ.~Sq-=t3-Y3 - 'd3SQ

1.50 150.00

Page 13: Marcia pevey.guardianfees0001

·__._._._._---------------------------------_ .._----_.-_ .._._-_.

Helen Hale - GUARDIANSHIP

5/31/2011 GDN Worked with financiars- set up files for bills, family loans (called family to seeabout status of same); insurance claims generated by husband's death

61712011 GDN email correspondence to care manager re need to get Ward under the careof a good doctor; need to get money from Tom and need to organize Ward'shome--O.1ernail correspondence from care manager re cleaning people going out onWednesday; care manager going out on Thursday or Friday and will get themoney from Tom and have him sign an affidavit on the expenses; Wardseems content with the situation-0.1

GDN email correspondence from Archie Cheatham re is moving Ward out of herhome being considered:?;has a reverse mortgage been considered?;Hale'spoor living conditions while Goings had loans from the Hales--0.1email correspondence to Archie Cheatham re moving Ward from her homeIs not being considered at this time;still gathering her estate to see what shecan afford--0.1

GDN Phone call from Diane Cheatham re Torn says long distance at Ward'shouse no longer works; family now all hates her; she wants new doctor forWard (Dr.Uddin came with new insurance and is no good); wants Dr.Vonseca - she has checked and he is on Ward's insurance plan..~!..

-t><:( GP:6 Phone call to Ronnie re Dads application and Apria application (those were~ ,r;j1JP when he was trying to get motorized wheel chair for Ward· both were

~-?<4.L\"> deadends)

~;;/~/8/2011 GDN Extended phone call from Susan Staley re claiming her sister Diana has~ received numerous amounts of money from both Mr Hale and Helen Hale;

she will have the checkbook proof sent certified

email correspondence from Archie Cheatham re concerned about "at thistime" referen.cing !'lot !\loving Ward from her home 177

LJAe~0: /) tJe..LJJ/t.J-r fleVL!10tJt~ "email correspondence from care manager re her visit with Ward and Ward's3 sons: Ward appears very alert however sons believe that Ward mayhave a UTI and are trying to obtain a urine sample to take to the doctor;Ward's car air conditioner has been fixed and care manager will forwardreceipt for same; care manager had Tom sign an affidavit regarding theprior receipts; care manager arranged for Molly Maids to clean house; caremanager informed Tom that the money he was holding has to be returned toWard's guardianship estate and he stated that the money was his and thatthe friend that was holding the money for him house had been broken intoand the money was included in things that were confiscated - care manager

. informed him that he is required to furnish a copy of the police report

6/11/2011 GDN email correspondence from care manager re suggesting that Tom Hale notbe reimbursed any money until he can prove what has happened withWard's money.

6/9/2011 GDN

6/10/2011 GDN

Page 2

_-..:.H"",o:.::u=rs Amount

2.00 200.00

0.20 20.00

, 0.20 20.00

0.40 40.00

0.30 30.00 ~r0.50 50.00 ~\\d

#:0.10 10.00

0.10 10.00

0.10 10.00

Page 14: Marcia pevey.guardianfees0001

Helen Hale - GUARDIANSHIP Page 3

Hours Amount

6111/2011 GDN email correspondence to care manager re Arranging for a new doctor forWard; not confident with the doctor Ward has been seeing;

GDN email correspondence to care manager re considering a show cause forTom Hale for not turning over money; having trouble collecting Helen Hale'sestate (everyone in the family seems to owe money to their Mother; RonnieGoings owes her for two loans - $8,000 and $150,000 and says he will payback; Jane and Susan claim they have proof that Diane owes her Mother$37,000; also have problems with Social Security

6/15/2011 GDN Phone call from care manager re will get new primary - Ward is happy

0.10 10.00

0.10 10.00

0.20

2.00

20.00

200.00Travel to visit with Ward and consult with caregivers

Trip to Social Security and spoke with Supervisor to see why Social Security 2.00 200.00 tdhas not been received yet - both Helen Hale and her deceased husband did (71. 'r (1 J. . t4:5not have enough quarters to get Social Secu~ity or Medicare - will have to go N" ~/{rr/~.e. . -/to RailRoad to capture those benefits BAVf-~~ -rA 'lL a. e.;:;,iJ 'to~ v..Jl'L~./'tt_Trip to Railroad Retirement Board re capturing funds (theywireinstate) and 2.00 200.00see about medicare as she does not qualify under Social Security (not , IA ~ ~ Co~y.enough quarters) . T v-..e. ,.y-C=- F~

7/12/2011 GDN Phone call to care manager re check on Ward 0.20 20.00

GDN Phone call from care manager re Ward up eating lunch, happy doing well -clutter is going away

0.30 30.00

GDN email correspondence from Diane re house cleaning and cost; caremanager information---.1email correspondence to Diane re care manager information---.1

0.20 20.00

7/15/2011 GDN Phone call from care manager re she just got phone call from Tom - Wardfainted and he is taking her to the hospital - care manager is on the way andwill call from hospital

GDN Compose and forward letter to Hale siblings re explanation and role ofguardian; Tom has agreed to de-clutter Ward's home so home can becleaned property and made safe for Ward; Rail Road Retirement benefits tobegin September 1st; Ward not qualified for Social Security; debts of .Ward's children to Ward (listing each) decluttering the house and payingdebts owed to Ward will help to enable Ward to remain in her home.

0.30 30.00

1.00 100.00

7/16/2011 GDN Phone ca!l from care manager re Ward ate good breakfast - they arekeeping her another night - still trying to determine cause of Ward's fainting- Ward was somewhat dehydrated; Ward has really crude language

7/18/2011 GDN Phone call from care manager re children and grandchildren that visited(very few and very short visit) - Ward has wound on heel- wound care mademany attempts to reach Ward's caregiver; Tom finally came to get training

0.40 40.00

0.40 40.00

Page 15: Marcia pevey.guardianfees0001

,-=.---v .

Helen Hale ~GUARDIANSHIP Page 4

Hours Amount

7/18/2011 GDN Phone call from care manager re Ward still in hospital - can not find 0.30 30.00anything wrong - will wait to talk to attending

GDN email correspondence from care manager re Ward is still in hospital; not 0.20 20.00talked to doctor yet; possibly just dehydrated--.1

email correspondence from care manager re talked with doctor, doctor feelsmight have been a vasovagal attack which means that her blood pressuredropped when she threw up; being discharged today 7/18/11 and Tom ispicking her up, will visit Thursday to follow-up--.1

7/19/2011 GDN I email correspondence from Diane Cheatham re in reference to the 7/15/11 0.10 10.00. correspondence to siblings, none of the $8, 000. 00 the Goings borrowed

applied to Ward's house

7/21/2011 GDN Phone call from David Hale re Tom needs to get out - Jennifer could be 0.30 30.00care giver

(Y)7/22/2011 GDN Phone cali to care manager re (1) Tom needs to move out (2) possibility of 0.50 50.00,~'i

using Jennifer in some capacity (maybe PM) (3) Reverse Mortgager~ possibility (4) decluttering all houseillI 7/25/2011 GDN Visit Ward 2.00 200.00

1",1 7/29/2011 GDN Phone call to care manager re Friday status rneetinq- Court ordered; 0,30 30,00.~. moving Ward to LaTrevia on Wednesday after doctor appointment; TomI totaled Ward's car; David states Tom yells at Ward

m 8/1/2011 GDN email correspondence from care manager re wrecked car - Tom is hurt 0.30 30.00~I somewhat; he received letter to vacate and thinks it is a joket~.~.' GDN Phone call from care manager re option of getting Jane to take Helen to her 0.30 30.00

house to care for her while straighten out house and get Tom out

GDN Phone call from care manager re Diane does not want to attend status 0.30 . 30.00conference and wants me as permanent guardian

8/2/2011 GDN Receive and review email correspondence from D. Cheatham re her 0.20 20.00.concerns about sibling's treatment of Ward and why Ward neecsa caringprofessional care giver. Forwarded same to care manager

8/3/2011 GDN Phone call from care manager re placing Ward in a neutral place 0.20 20.00(LaTrevia's); she has gOlien calls from the children - need to protect Wardwhile evicting Tom and cleaning house

8/4/2011 GDN email correspondence from D. Cheatham re her thanks for opportunity to 0.10 10.00visit with Ward

GDN Extended phone call from David Hale re Tom in bed with Ward 24 hours at 0.60 60.00a tirna- threatening suicide in front of her; David says all is very sick

Page 16: Marcia pevey.guardianfees0001

Helen Hale - GUARDIANSHIP

8/4/2011 GDN Phone call to care manager re status at the house and the need to takeWard to LaTrevia's for respite care

GDN Phone call from care manager re medical appointment report: Dr. Shaw'(cardia) states pressure sore gone invasive into bone; will do bone scan; 6weeks of IV fluids

8/5/2011 GDN email correspondence to D. Cheathan re Susan or David criminal recordinformationemail correspondence from D. Cheatham re arrest information for Susanand David

iGDN email correspondence to/from D. Cheatham re Tom ordered to vacate the

house; War\.ls pressure sore on foot; Ward moved to personal care home;visiting schedule to be prepared after a week of Ward's stay at personalcare home .

GDN ernail correspondence from D. Cheatham re Rick International hasproperties valued at $1,459,578 as per tax records

8/6/2011 GDN email correspondence from D Cheatham re banking statements from 1998through 2004; concerns about bank balance

GDN Receive and review email correspondence from R. Goings forwardingemails by and between R. Goings and D. Cheatham re Hale finances.ln2010; issues between siblings concerning care for Mr and Mrs. Hale

GDN Receive and review email correspondence from D. Cheatham re TexasLand Records document re Goings, son Ricky

8/8/2011 GDN...emaii correspondence from D. Cheatham re issues with her siblingsreporting that they were told Tom would not ever be allowed to see hismother---.1

..•.email correspondence to D. Cheatham re no truth in sibling's statements;IME was requested by siblings and I requested that they be ordered to payfor that exam and the Court so Ordered for lME and their payment of same;all Temp Guardian's expenses and payments are first approved by theCourt-v-t

GDN•....•.email correspondence from D. Cheatham re her knowledge of wreck Tomhad in Ward's car (other driver at fault)

GDN/ em ail correspondence from D. Cheatham re Pete is getting the dog & cat -so David has no need to stay for free at Ward's horne=-rt

./ email correspondence from D. Cheatham re it would be wrong for David tostay for free in Ward's home since Tom got kicked out and Tom was theonly one of siblings to truly care for Ward· David did not offer any care forWard-·-.1

fimail correspondence from D. Cheatham re loans from Ward neverrepaid·-.1

PagG

_--:.H"",o=u...,.rs Amount

0.30

0.30

0.20

0.20

0.10

0.10

0.40

0.10

0.20

0.10

0.30

30.00

30.00

20.00

20.00

10.00

10.00

40.00

10.00

20.00

10.00

30.00

5

Page 17: Marcia pevey.guardianfees0001

---~----------------------.-- .. ---

rlelen Hale - GUARDIANSHIP

8/9/2011 GDN Phone call from Ronnie Goings re asking where to find Ward

GDN Phone call from care manager re Ward is full time care because of wheelchair bound therefore will be $2,000/month; Ward is very adjusted; thestimulation is good for her; may move to Graystone when all is settled.

GDN

8/11/2011 GDN

8/15/2011 GDN

GDN

Visit Ward

Draft Visitation Schedule .3 CC\.\ \ t:-lQrn ~~cif) odd....«JPhone call to care manager're notifications of visitation c;n ~~ \~ -0---=t l'1

. . I 0~ ,Phone call to Diane re her visit today - can go later since not noticed due tofaulty long distance calling

GDN Draft and forward by CMRRR letter to Diane, Tom and Pete re visitation withcopy to Atty Noack-May

GDN Phone call from Diane Cheatham re Ward is miserable; Ward fell out ofbed; Ward has chewed her nails to the quick; caregiver mistreats Ward;weekend caregiver doesn't like Ward

GDN Phone call to LaTrevia re her report is that Diane stayed 2 hours and criedthe whole time - Ward did not faU out of bed; getting hospital bed today;weekend caregiver really likes Ward

8/25/2011 GDN Phone call from care manager re canceling Susan's visits because of heractions

Phone call to Dr. Uddin's office re confirm his receipt of the AmendedPhysicians form to be completed

8/31/2011 GDN Phone call to Diane re status

8/29/2011 ER

9/112011 GDN Phone call from LaTrevia re reporting on visitation: Monday- Diane; Tues -Jane; Wednesday· Susan called to say she was not coming this week;Thurs - Pete; on witness list- they had called for names stating they weremaking baskets for them; Ward was served.

9/3/2011 GDN Phone call from care manager re adjusting Diane's visit for coming week

9/7/2011 GON Phone call from O. Cheatham re status, plans, etc.

For professional services rendered

Balance due

Page 6

Hours Amount---:.==

0.20

0.30

20.00

30.00

2,00 200.00

0.80 80.00

0.30 30.00

0.50 50.00

0.50 50.00

0.50 50.00

0.40 40.00

0.20 20.00

0.20 20.00

0.30

020

30.00

20.00

0.20

0.30

20.00

30.00

36.30 $3,630.00

$3,630.00

-----------_._._-_ _ _ _---

Page 18: Marcia pevey.guardianfees0001

GUARDIANSHIP OF

HELEN RITA HALE

INCAPACITATED

No. 403,028

§

§

§

IN THE PROBATE COURT

NO. FOUR (4) OF

HARRIS COUNTY~ TEXAS

ORDER AUTHORIZING APPOINTEE COMPENSATIONFOR THE PERIOD OF MAY, 2011 THROUGH SEPTEMBER 19, 201

On this day, the Court considered the application for payment of representative commission on behalf of

Marcia Pevey, hereinafter referred to as "Appointee," who was appointed on April 27,2011, as Temporary

Guardian Pending Contest of the Person and Estate of Helen Rita Hale, an Incapacitated Person ("Ward").

\~ The Court finds that the compensation requested in this proceeding is reasonable, that the Appointee hasj~!\. performed fiduciary services for the benefit of Ward in compliance with the Texas Probate Code, and that

(11 this request should be granted.II~lI~I It is therefore ORDERED, ADJUDGED and DECREED that compensation in the sum ofI(~ $4,660.00, for the period of May, 2011 through September 19, 2011 be paid to Marcia Pevey by the

·1~'1 personal representative from funds of the estate for the benefit of HELEN RITA HALE.(11;'.'

SIGNED this day of _ ,2011.

JUDGE PRESIDING

Return conformed copy to:Marcia Pevey1001West Loop South, Ste. 809Houston TX 77027

RECORDER'S MEMORANDUM:At tM t!mo 01nK:Ordallon, this Instrument was

found to bD Inadequate 10f Ihe I)es\ photographloreproduotlon beoauBa of IIIDglblllty, carbon or

photo copy, d!'CO\OfIlOpaper, etc. AU bloekOutB,addition. and chanQet were prBfl.lnt al tha time

the Instrument WBS Illed and rllconled ..