(Sidebar)
Archived here with permission
of the
author, Janet Phelan
and
Robert Kelly, Publisher,
The
American's Bulletin
telephone: 541-779-7709
May of 2004, the court appointed John T. Rogers, Jr.,
to "protect the interests of Lee Peters, conservatee." Rogers met with Lee only twice in the twenty-two
months he was her attorney, refusing many requests to meet by his
court-appointed client. He promised her
he would ensure she remain at home and that her son
Casey would be her conservator.
According to Marilyn Peters, who is writing a book
about the experience with conservatorship court, Rogers exacerbated the
situation in the following ways:
When a competing petition for conservator was filed by
Kathy Peters and Nora Hamill, Casey and Marilyn
requested he speak with Lee about this. He refused.
Rogers added to the mix conservatorship of the estate
to what was only a request for conservator of person.
Rogers botched the mediation. He refused to
allow Lee to be present. When the
mediation agreement was unsatisfactory to Casey and Marilyn, he agreed to make
the suggested changes, but failed to do so.
Rogers exhibited verbal rage when confronted with this
failure.
After reporting to the judge that the mediation had
broken down, Rogers recommended the appointment of professional conservator Frumeh Labow, who decimated Lee's
previously unencumbered estate.
When Judge Aviva Bobb asked
for the Trust to be brought to her, Rogers refused. When Casey subpoenaed all financial records
from Lee’s credit union, Rogers instructed them not to comply with the request.
Rogers declared to the court the advisability of
institutionalizing Lee, violating his original promise.
According to Marilyn Peters, "The conservator
denied Lee social interactions, exercise, proper nutrition, adequate
fluids, vital medical care which resulted in her untimely and preventable
death."
Rogers was awarded $75,000 in attorney’s fees.