Electronically Filed 05/15/2013 11:11:02 AM ET IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY. GUARDIANSHIP DIVISION RE: GUARDIANSHIP OF LORRAINE HILTON Ward. FILED: PALM BEACH COUNTY, FL SHARON BOCK, PETITION FOR APPOINMENT OF EMERGENCY GUARDIAN and FOR INJUNCTION AGAINST VIOLENCE Petitioner, JAMES A. HILTON, by and through his undersigned attorney, allege as follows: 1. Petitioner residence 115 Parkside Colony Drive Tarpon Springs, FL 34689. Further, Petitioner is the son of the Ward. 2. LORRAINE HILTON, the Ward, whose date of birth is February 22, 1921, who is 92 years of age and currently resides at 5501 Lake Shore Drive, Mangonia Park, Fl. 3. LORRAINE HILTON is totally incapacitated by reason that she suffers from Dementia/Alzheimer, as diagnosed by Dr. Teresa Delgado and Dr. Pierre Andre. 4. The Ward has been determined by this court to be incapacitated and is subject to a Guardianship of her property. As a result of the effects of Dementia/Alzheimer, the ward is her incapable of managing her affairs on daily living without ongoing supervision and assistance. 4. Petitioner is an adult interested in the welfare of the incapacitated person. 5. There appears to be an imminent danger that the physical or mental health or safety of the alleged incapacitated person will be seriously impaired or that the property of that person is in danger of being wasted, misappropriated or lost unless immediate action is taken because: the Ward suffers from Dementia/Alzheimer and is unable to protect herself; the ward resides with her son Robert Hilton who has a criminal record and admits he is currently taking drugs; 99? 3% i 3 e. Mammoghumbyhemnp?ohemdnm 9. despite the fact that the ward is under a Guardianship of her Property and has a trust, Robert Hilton continues to exploit her ?nancially. As recently as May 1, 2013, he has her execute a quit claim deed (see attached) on property she owns and is attempting to sell the property; h. In addition to abuse of the ward, Robert Hilton has threatened the Petitioner, James Hilton and the Guardian of the Property; i. k. After surgery, the ward was placed in a rehabilitation facility. She was removed from the facility by Robert Hilton against medical advice and taken to the bank to close out an account that was joint with the Petitioner; l. The ward requires medication which must be monitored and Robert Hilton does not properly provide and [or monitor said medication; m. the Ward continues to ask for help, and her appearance has declined greatly and appears she is unable to care for or protect herself. n. Robert Hilton does not work and is ?nancial dependant on the assets of the Ward. 6. The above are examples, but not an all inclusive list of action of Robert Hilton that have placed the Ward imminent danger to her physical or mental health or safety, as well as ?nancial exploitation by Robert Hilton. 7. Based on the above, there appears to be imminent danger that the physical and mental health and safety of LORRAINE HILTON will be seriously impaired unless immediate action is taken because LORRAINE HILTON is unable to care for herself in any manner whatsoever. 8. LORRAINE HILTON is incapable of executing a Power of Attorney and unable to speak for herself. Without an appointment of an emergency guardian, LORRAINE HILTON is subject to physical, emotional and ?nancial abuse at the hands of Robert Hilton. 9 Robert Hilton has committed and threatens to commit of domestic violence as described above. These acts of domestic violence have been previously reported to various Police Departments and DCF. 10. Robert Hilton has an alcohol problem and is currently taking oxycontin and other drugs. 11. Petitioner fears for the safety and welfare of the Ward and himself. domestic violence that will be in place from now until the scheduled hearing In this matter. Petitioner asks the Court to enter, after a hearing has been held on this request for protection, a ?nal judgment on injunction prohibiting Robert Hilton from committing any acts of domestic violence against the Ward and Petitioner; prohibiting Robert Hilton from going to or within 500 feet of any place the Ward and Petitioner live; prohibiting Robert Hilton from going to or within 500 feet of the Petitioner's place(s) of employment; prohibiting Robert Hilton from contacting the Ward or Petitioner by mail, by telephone, through another person, or in any other manner; prohibiting Robert Hilton from knowingly and intentionally going to or within 100 feet of Petitioner?s motor vehicle; and prohibiting Robert Hilton from defacing or destroying Petitioner?s personal property Wherefore, Petitioner request a Summary proceeding be held on this Petition and matter and the Court appoint Petitioner James Hilton as Emergency Guardian of LORRAINE HILTON and enter an injunction against Robert Hilton as described above. Under penalty of perjury, I declare that I have read the above and the facts alleged are tme and correct to the best of my knowledge and belief. ?ea A. Hilton THOMAS H. DOUGHERTY, P.A. Attorneys for Petitioner P.0. Box 30056 Palm Beach Gardens, Florida 33420?0056 561/842?9707 Designated email: thdlaw@bellsouth.net By; Thomas H. Daugherty Florida Bar No. 957630 CERTIFICATE OF SERVICE I HEREBY CERTIFY [hat a true and correct copy of the foregoing Petition for Appointment of Emergency Guardian has been furnished to The Honorable David French, South County Courthouse, 200 West Atlantic Ave, Delray Beach, FL 33401 and Ellen Morris, Esq, attorney for the Guardian of the Property 7000 West Palmetto Park Rd Ste 205 Boca Raton, Florida 334333430712 US Highway one Suite 210, North Palm Beach, FL 33403 on the if: day of May, 2013. WOMAS HDOUGHERTY, PA. Attorneys for James Hilton PO Box 30056 Palm Beach Gardens, FL 33420-0056 (561) 842-9707-Telephone (561) 842-9696 Fax E-Mail: thdlaw?bellsouthnet By: Thomas H. Daugherty Fla. Bar 0957630 . 11255 Rae: 18-50 Rent 15 IT. a 0.19 1. . 32ml!? K. Kreengel. _Dpty Clerk 1 PRULR CLERK I: COMPTROLLER ?52:19Recording requested by: ?Fr? WV Space above reserved for use by Recorder's Of?ce "When recorded, mail to: 'Document prepared by: Name: Ld?j? Eli] Name Adams:me Address/WM I City/State/Zip: 13233: gag/m; 2- 5M, ay?gyiStateJZimeig?M/?i?, Property Tax ParceUAecountNumberi "Zr 7 ?001'0 0 I 4g Quitclaim Deed This Quitclaim Deed is made on W013 . between .Grantor, of I ,City .State of 34?6" and .- e, df?fsb/ For valuable consideration, the Grantor hereby quitclaims and transfers all right. title, and interest held by the Grantor in the following deseribed real estate and improvements to the Grantee, and his or her heirs and essigns. to have and hold forever, located at (423/6 3 City of wig? State of mm jig/4.3? g?)er Fr?r Esme: #er Qq/P?g Raw 538' Lei" 43? Subject to all easements. rights of way, protective covenants, and mineral reservations ofrecord, if any. Taxes for the tax year 0% shall he prorated between the Grantor and Grantee as of the date of recording of this deed. . Gu?clolm Dead 99,101.12) on BK P25 4?8 Dated: @w 5. .2013 Sigma: of-Grantor Any/ma] NE 461' MLTON Name of Grantor :9 - we L- Sign tare ofWimess #1 A Printed- Name of Witness #1 PA TELL Signature of ?nes 2 Pt'inted Name ofWimess State of 0 County of - parted) 0n 20/3 ,theGrantor, - . personally came before me and, being duly sworn, did state and prove that herhe is the person described in the above document and that he/she signed the above document in my presence. man amuzM/m ddomrySignature j?b?'an Lt?dd?b?fj Notai'y Public, In and for the County of ff: 0 State of My commission expires: gut Us 361?, ?ml-l - Send all tax statements to Grantee. Quitch Dead 99.2 (I 2) I. re 12.969: um pan. [fl iba;an=incapmitated=pason. asmhat- termiszde?ned-imme Flmi?rh assit'; now ?exists-or-may hereafter be I dam that my .nfv?phewz JOHN is- 2:22 w; 110 Ii?n'siand powers an for-my or If] ?1 ?rm limin?'m be an as-ihartnm Haida Law asi't new Gr Mimi? P. BOX 1432, New 346,56, 1611;131:0133: 02-7.) 45740662;-ahall of?ie person toxemia: madam]: leg] ofthe person for 1116 under all? W?il-Pfial? VMGY- ?1 it is my men? ?11.4 617$? person:2be'- by the. withouthond. 1 ?Improper Ex-Parte Communication Not Considered By The Court r? 4' I a :1 Clerk to File" 23 "i lodge DAVID E. FRENCH James A. Hilton February 19, 2013 PO. Box 1432 New Port Richey, Florida 34656 Judge David E. French Division IX Fifteenth Judicial Circuit in and for Palm Beach County 301 N. Olive Avenue 559:3 2: ~11 West Palm Beach, Florida 33401 5?6 2353:: a RE: Case number Voluntary Guardianship of the Proer of Lorraine Hilton ?3 1&2 5? Esteemed Judge David E. French: a; I I am concerned about my mother. Our family set up a living trust in 2007 which outlines the steps to follow given that her long-time doctor, Dr. Elena Delgado, has stated my mother Lorraine Hilton does not have the capacity for decision-making and her dementia is getting worse. [See Attachment I am truly alarmed that a judicial process has been put in place there without me having been duly contacted. Diligence was not performed by the lawyer who ?led this case, Sheri L. Hazeltine, Esq., because mail was sent to a deceased James Arthur Hilton in Clearwater?a town where I have never lived since moving to New Port Richey, Florida ?rom Illinois in 2005. The widow of Mr. James Arthur Hilton contacted Hazeltine's of?ce alerting Ms Hazeltine's paralegal that the correct James A. Hilton has not be noti?ed. [See Attachment . Furthermore, since learning that the case ?led in October 2012 with the Elder Affairs Agency regarding my mother's well-being and questionable ?nancial transactions prompted by my brother, Robert 0. Hilton, was closed in January, I did not receive responses to questions posed in phone calls I have placed to the Elder Affairs Investigator Amelia Rose, or Sheri Hazeltine, Esq., and lastly, to the proposed guardian, Elizabeth Savitt. I believe that vital information continues to be withheld ?'om me and our family attorneys ?om Hinshaw Culbertson, LLP, which leads me to be suspicious about this process. [See Attachment After multiple phone attempts to gain information by me and by Stephen Cutler of Hinshaw Culbertson, LLP, I ?nally received in mid-February a copy of the Petition for Voluntary Guardianship ?led by Sheri L. HaZeltine, but it was without the pertinent case number. I had to ?nd this myself by going online. Yesterday, February 18, 2013, a?er 3 calls placed to Elizabeth Savitt, I was able to speak with her and learned that she knew nothing of my mother's home in New Port Richey, where my mother could comfortably live with. professional care giver. I plea that I will be included in any prospective correspondence, at the addresses and phone numbers and emails that the Elder Affairs Agency has had on ?le since concern was raised in October, 2012. My mailing appears at the top of this correspondence, my phone number is 727- 457-0662, and my email is hilton33 l@yahoo.com. I appreciate your consideration and truly am only motivated by my concern for my mother. James A. Hilton FILED: PALM BEACH COUNTY, FL SHARON BOCK, Electronically Filed 07/02/2013 01:06:32 PM ET IN THE CIRCUIT COURT OF THE 15?1 JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY. GUARDIANSHIP DIVISION RE: GUARDIANSHIP OF LORRAINE HILTON Ward. ?Hus-JVva T0 FINAL REPORT, FINAL ACCOUNTING AND PETITION FOR DISCHARGE COMES NOW, James Hilton as Emergency Temporary Guardian of the Person and Property of Lorraine Hilton, by and through his undersigned attorneys, and hereby files this Objection to Final Report, Final Accounting and Petition for Discharge filed by Elizabeth Savitt. as Guardian of the Property, filed on June II. 2013 and in support thereof states: 1. James Hilton files a general Objection to the Final Report and Accounting as the same is incomplete and inaccurate and Objects tO the Petition for Discharge until such time as a full and complete accounting can be performed. 2. James Hilton objects to the following specific items on said Final Report and/or Final Accounting: a) Guardian lists a disbursement of $998.30 (without any receipts Of breakdown Of expenses although per Chapter 744 of Florida Statutes, these must be presented and kept for 3 years by the Guardian) for the Inventory Of New Port Richey house (personal Property) yet the accounting and inventory list no personal property. (see Exhibit A). The Guardian indicated to James Hilton that she had photographs Of the contents of the Roseland property but has never provided such photographs. In addition, the Ward had jewelry, fine art and other items of Personal Property that the Guardian was made aware of on March 20, 20l 3 by the current ETG and the Guardian did not secure said property and has failed to account for said property. b) The Guardian failed to secure the personal property which is believed to have been stolen by Robert Hilton. The ET G, upon appointment, requested a key to the Words home in New Port Richey from the Guardian. The Guardian stated she "did not have time" to give him the key but instead mailed the key to the ETG. As a result of the delay in obtaining the key. Robert Hilton entered the home and removed all of the Ward's Property. c) The ?Account Statement" attached to the Petition for Order Authorizing Payment of Compensation and expenses shows a prior invoice of $4,208.50 and payments received of $3,189.50 yet those payments are not listed in the disbursements. d) The accounting shows a ?Guardian Retainer Fee" on May 17, 2003 without el fl authorization. The accounting does not reflect a payment received by the Guardian in the amount of $1 ,000.00 paid from a Bank America account (ti?l on January 31 2013 prior to her appointment as Guardian. (see attached Exhibit Bl The accounting does not disclose the existence of the Bank America Account which was a joint account with Robert Hilton. although all funds in the account belonged to the ward. g) The Guardian failed to secure and separate joint accounts including the h) Bank America Account listed although she was aware of the account and as a result, Robert Hilton wrote 2 checks on the account AFTER the Guardianship was established for a total of $49,685.00 (check 390 for $33,485.00, check 391 for $1 6,200.00 (See attached Exhibit C) it appears that the ward signed each check despite the existence of the Guardianship. These checks were for real property yet the deeds indicate sole ownership in favor of Robert Hilton. The accounting shows two payments to Robert Hilton (April 17, 2013 for $1,000.00 and April 29, 2013 for $1,500.00) without any explanation or receipt. Noteworthy is that both were identified as check #101 of the same bank account The accounting reveals that the Guardian paid the property taxes on two homes that are titled in the name of Robert Hilton for a total of $5,304.50 (Property fax 5170 for $2653.87 and Property Tax 5210 $2,650.63) Further, ll kl these properties were previously owned by the Ward and acquired by Robert Hilton by Warranty deed in October 2012 while the ward was incompetent. The Guardian took no steps to reclaim these properties. The Accounting reveals one single payment for 0 Chase Credit Card 4587 in the amount of $1 ,000.00 without detail as to the charges. receipts. balance etc., let alone the fact that a charge card exist and who is authorized to charge. The Guardian failed to notify credit agencies of the guardianship leaving the ward exposed to credit fraud and accounts being opened in her name which has occurred. Robert Hilton in fact opened at least one card with Discover after the appointment of the Guardian in the name of the ward. The ETG has since taken steps to prevent additional accounts from being opened. The accounting shows a ?withdraw to Lorraine Hilton" on April 8, 2013 in the amount of $500.00 without any explanation or receipt. m) The accounting shows Cash for Lorraine Hilton on May 9. 2013 in the amount of $200.00 without any explanation or receipt. n) The accounting shows Cash for Lorraine Hilton on May 17. 201 3 in the amount of $200.00 without any explanation or receipt. 0) The initial Inventory of the Ward Shows three accounts at Chase (XX8880. XX1264, and XX8670) the Final Accounting does not show the accounts or list them in any manner. p) The Initial Inventory does not show any accounts at Wells Fargo however, the Final Accounting Shows on Account without any eXplanation. q) The Final Accounting shows only three disbursements from the Wells Fargo account [a wire fee of $15.00. a Federal Tax Fee of $.11 and the payment of 0 $2,000.00 ?Guardian Retainer Fee"] and four receipts [Wire of $10,000.00. Interest of Interest of $.41 and Interest of .27] However, the bank statement attached show two separate deposits in the amount of $3,189.50 and two withdrawals/checks each in the same amount without any explanation. r] The Guardian was appointed on March 20, 2013 and the Bank account -shows check a check #202 on April 2, 2013 in the amount of $600.00, Check T98 on March 27, 2013 in the amount of 183.80, and check l9? (Walgreens) in the amount of $66.89. None of these items are accounted for or explained. 3. The accounting fails to account for all receipts and disbursement made during the accounting period. The Guardian fails to provide cancelled checks and/or receipts for all disbursements. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Ellen Morris, Esq, attorney for the Guardian of the Property via email at lrubin?elderiawassociates.com 7000 West Palmetto Park Rd Ste 205 Boca Raton, Florida 33433 Carol Crozier, via email at cc@kmkga.corn on the day of July, 2013. HDOUGHERTY, PA. Attorneys for James Hilton PO Box 30056 Palm Beach Gardens, FL 33420?0056 (561) 842-9707?Telephone (561) 842-9696 Fax E-Mail: thdlaw@bellsouLh? By: Thomas H. Daugherty Fla. Bar 0957630