Filing 38182767 E-Filed 02/23/2016 05:40:52 PM .IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA PROBATE DIVISION IH FILE NO. IN RE: GUARDIANSHIP OF MARI M. MONTGOMERY, an alleged incapacitated person. PETITION FOR APPOINTMENT OF EMERGENCY TEMPORARY GUARDIAN PURSUANT TO FLORIDA STATUTES ?744.303l AND FLORIDA PROBATE AND GUARDIANSHIP RULE 5.548 Petitioner, HILDA SANTANA, respectfully petitions the Court for the appointment of an Emergency Temporary Guardian for the ATP and as grounds therefore states as follows: 1. Petitioner's residence is 2242 Gabriel Lane, west Palm Beach, FL 33406. 2. A Petition for Determination of Incapacity has been filed in this Court, but a hearing thereon has not been set nor a hearing set on the Petition for Appointment of Guardian. 3. The AIP, MARX M. is 85 years of age and her residence is 1800 S. Ocean Boulevard, Palm Beach, FL 33480. 4. The Petitioner is an adult interested in the welfare of the AIP. 5. The nature of the AIP's incapacity is cognitive impairment due to dementia of an unknown origin. The AIP has FILED: PALM BEACH COUNTY, SHARON R. BOCK, CLERK, 02/23/2016 05:40:52 PM been examined by at least two of the three examining committee members - Dr. William Atkins and Margaret Cheshire, Both of these examining committee members have indicated that the AIP suffers plenary incapacity and is incapable of making any decisions about her health, her environment or her finances. 6. The name and address of the next of kin of Mrs. MONTGOMERY are: NAME ADDRESS RELATIONSHIP Courtnay Montgomery 1915 - 65th Street NE Daughter Rochester, MN 55906 7. The proposed emergency temporary Guardian is HILDA SANTANA, who is not a professional guardian, whose residence is stated above, who is sui juris and otherwise qualified under the laws of Florida to act as Emergency Temporary Guardian of Mrs. MONTGOMERY. The relationship and previous association of HILDA SANTANA to Mrs. MONTGOMERY is that she has been the long term assistant to Mr. and Mrs. MONTGOMERY and oversaw Mrs. MONTGOMERY since her husband Robert Montgomery died in 2008. 8. HILDA SANTANA should be appointed as Emergency Temporary Guardian because she is the designated Dre?Need Guardian pursuant to the Declaration naming Ere?Need Guardian and is the designee under each of the Advance Directives executed by the AIP prior to her incapacity. See, the Designation of Pre- Need Guardian, Durable Power of Attorney, Health Care Surrogate, 2 and HIPAA release, all attached hereto as Exhibits 1 gal?(d1. 9. Although the Petitioner has been advised that the.AIP executed new advance directives in Minnesota in August 2015, they have not been circulated or filed and it is believed such documents are not valid because the AIP did not have capacity to execute such documents at that time and are the product of undue influence practiced upon the AIP by Courtnay Montgomery. In fact, immediately after executing such documents, the AIP was then the subject of a guardianship in Olmsted County, Minnesota and an investigation in Olmsted, Minnesota begun of the financial exploitation of the RIP by Courtnay Montgomery that remains open. sgg, Letters of Guardianship in Minnesota attached as Exhibit 2 hereto. The Guardianship in Minnesota was subsequently dismissed (under seal) and these proceeding initiated. 10. The personal and financial affairs of the AIP are complex and require the appointment of an Emergency Temporary Guardian as follows: a. The AIP is plenary incapacitated - as reflected in the filed examining committee reports. b. The ATP resides in a highly fortified (private duty security personnel, etc.) residence in Palm Beach and access to the AIP is currently impossible for the AIP's friends and acquaintances. c. The AIP purportedly executed new advance directives in the fall of 2015 while in Minnesota (where Courtnay Montgomery lives) using Minnesota 3 counsel secured by Courtney'Montgomery, which new advance directives purportedly appoint Courtney as her designee/surrogate. These were executed just prior to the establishment of a guardianship in Olmsted County, Minnesota for the AIP. d. Courtney Montgomery is currently the subject of a pending investigation in Olmsted County, Minnesota as to the financial exploitation of the AIP. e. Further, in connection with a welfare check by the Olmsted1 Minnesota legal authorities, Courtney engaged in a standoff with the police, resulting in her arrest and charge of obstruction of legal process - a charge to which she pled guilty (?gross misdemeanor of obstruction of the legal process?). Courtney is currently on probation as a result of that guilty plea. Attached are the articles from the Rochester, Minnesota Post-Bulletin newspaper describing the circumstances of said charge and Courtney Montgomery's plea. See Exhibit 3. f. Courtney Montgomery has had several run-ins with the law (as reflected in police records in Palm Beach County and Olmsted County, Minnesota) and is not sufficiently stable or responsible for holding a fiduciary role for the AIP. g. The AIP receives substantial quarterly tobacco fee payments in excess of $1.5 million per quarter (earned by Robert Montgomery before his death) which are deposited quarterly to her personal checking account. Based upon information and belief, Courtney is under investigation for the exploitation of these funds. 11. Because of the unique circumstances of this matter, an Emergency Temporary Guardian should be appointed by the Court to oversee the living environment for the AIP, to oversee the status of her current medical condition and nurse staffing, to oversee the safety of her environment, and.to oversee the status of her non-Trust assets to ensure their safety pending appointment of a plenary guardian. 12. There appears to be imminent danger that the physical, mental health, and safety of the AIP will be seriously impaired and that the preperty of the is in danger of being wasted, misappropriated or lost unless immediate action is taken because. Petitioner requests that summary proceedings be held upon this petition and that she be appointed as Emergency Temporary Guardian of the person and property for the AIP. Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. Signed on February 35L, 2016. z?g?m?zz??am SANTANA Petitioner ?a I HEREBY CERTIFY: that on this day of February, 2016 a true and correct copy of the foregoing has been served via e?mail through the Florida Courts E-Filing Portal on Theodore S. Kypreos, Esq. and Peter A. Sachs, Esq. rramev@ionesfoster.com; peachs?jonesfoster.com; tparanskiejonesfoster-com), Jones Faster Johnston Stubbs, P.A., 505 South Flagler Drive, Suite 1100, west Palm Beach, FL 33401 and Carolyn Landon, Esq. Carolyn Landon, P.A., 5707 Dixie Highway, Suite B, west Palm Beach, FL 33405 and on Mary 1800 S. Ocean Boulevard, Palm Beach, FL 33480. DOWNEY P.A. Counsel for Petitioner 3501 PGA Boulevard, Suite 201 Palm Beach Gardens, FL 33410 Telephone: (561) 691?2043 Telefax: (561) 691?8078 Email-pleadings only: attornevs?downegga.com Email?perao al: edward?downegga.com Email-pars nal: lmcelro downe a.com BY: Florida Bar No. 441074 R. LEE IV Florida Bar No. 0949191 MARY - Guardianship\GUBRDI}\NsHIP - for Appt of ETG.wpd EXHIBIT 1 DECLARATION NAMING PRENEED GUARDIAN (pursuant to Florida Statute ?744.3045) I, MARY M. MONTGOMERY, (the ?Declarant?), presently residing at 1800 South Ocean Boulevard, Pahn Beach, Florida 33480, hereby make the following declaration naming preneed guardian to serve in the event of my future incapacity: If I am at any time determined to be an incapacitated person, as that term is defined in the Florida Guardianship Law as it now exists or may hereafter be amended, I declare that I-IILDA M. SANTANA, whose present address is 2242 Gabriel Lane, West Palm Beach, FL 33406 is to serve as plenary guardian of my pr0perty, to exercise all delegable legal rights and powers and to perform all tasks necessary to care for my property or estate. In the event that HILDA M. SANTANA shall fail or cease to serve as the guardian of my property, then JAMES G. PRES SLY, JR. shall serve in her place as guardian of my preperty. In the event that both HILDA M. SANTANA and G. PRESSLY, IR. shall fail or cease to serve as the guardian of my property, then THE NORTHERN TRUST COMPANY shall serve as guardian of my property. I further hereby declare that I-IILDA M. SANTANA, whose present address is 2242 Gabriel Lane, West Palm Beach, FL 33406, is to serve as my plenary guardian of my person to exercise all delegable legal rights and powers and to perform all tasks necessary to care for my person. In the event that HILDA M. SANTANA shall fail or cease to serve as the guardian of my person, then JANIES G. PRESSLY, JR. shall serve in her place as guardian of my person. Original being retained by client in the big safe in her home at 1800 S. Ocean Palm Beach, FL 33430. ?3 I further declare that it is my intent and desire that the above described individuals be appointed by the court having jurisdiction to serve in their reSpective capacities Without bond. Signed on 4?4 0 2014. DECLARAN MARY 6 This Declaration was signed by MARY M. MONTGOMERY, the above-named Declarant in our joint presence, and at the Declarant?s request we have signed our names as antes/51$ witnesses in the Declara t?s presence and in the presence of each other on this /a 2? day of gig? 2014. WITNESS ADDRESS mafm, RLJM d-L 339/09? Killian! narrate; Mag (DADA 32> Li 0 (0 STATE OF FLORIDA COUNTY OF PALM BEACH T4 The foregoing instrument was acknowledged before me this I 0 52:7er ,2014, by MARY M. MQTGO RY. (Signat?e of Notary Public - State of Florida) day of JOHN mamman in; MY COMMISSION a [$091229 EXPIRES: May 1. 2018 a .. I'd. DI "um mammarypaeunmm (Print, Type, or Stamp Commissioned Name of Notary Public) OR Produced Identi?cation Personally Known Type. of Identi?catign PIQduwd Est Plan - 4?20l4 .wpd DESIGNATION OF HEALTH CARE SURROGATE Name: MONTGOMERY may M. (Last) (First) (Middle Initial) In the event that I have been determined to be incapacitated to provide informed consent for medical treatment and surgical and diagnostic procedures, I wish to designate as my surrogate for health care decisions: Name: Hilda M. Santana Address: 2242 Gabriel Lane West Palm Beach. Florida 33406 Phone: Home: (561) 966-8238 cell: (561) 313 -3609 I fully understand that this designation will permit my designee to make health care decisions and to provide, withhold, or withdraw consent on my behalf; to apply for public bene?ts to defray the cost of health care; and to auth0rize my admission to or transfer from a health care facility. My surrogate is authorized to make photocopies of this document as frequently and in such quantity as my surrogate shall deem appropriate. All photocopies shall have the same force and effect as any original. Additional instructions (optional): I further af?rm that this designatiOn is not being made as a condition of treatment or admission to a health care facility. I will notify and send a copy of this document to the following persons other than my surrogate, so they may know who my surrogate is. Name: Name: Signed: . T14 Amt? MARY LEMONTGOMEREV Date: I?ll"! Witnesses: l. (Lite/?xbr?n 1C 0 2. \i ?um Maurine} amie\Montgomery\Mary's Est Plan Docs?tDesign of healthcare surr - 2014 -.wpd Original being retained by client in the big safe in her home at 1800 S. Ocean Blvd., Palm Beach, FL 33480. FLORIDA DURABLE POWER OF ATTORNEY TO WHOM IT MAY CONCERN: APPOINTMENT OF AGENT AND SUCCESS 0R AGENT: I, MARY M. MONTGOMERY, as the Principal under this Durable Power of Attorney, residing at 1800 S. Ocean Boulevard, Palm Beach, FL 33480, appoint HILDA M. SANTANA, as my Agent. In the event that I-IILDA M. SANTANA shall cease to serve as my Agent, then JAMES G. PRESSLY, JR. shall serve as my Agent. All subsequent references in this Durable Power of Attorney to my ?Agent? shall be to my initially designated Agent and to my designated successor Agent. DURABLE POWER OF ATTORNEY UNDER CHAPTER 35309, FLORIDA STATUTES: I intend to create a Durable Power of Attorney (herein referred to as "this Power") pursuant to Chapter ?709, Florida Statutes. This Durable Power of Attorney is not terminated by my subsequent incapacity except as provided in Chapter 709, Florida Statutes. EFFECTIVE DATE: The effective date of this Power is the date in which I sign this instrument. FORM FOR AGENT SIGNING ON MY BEHALE: My Agent shall use the following form when signing on my behalf pursuant to this Power: M. MONTGOMERY by HILDA M. SANTANA, my Agen POWERS EXERCISABLE UNDER THIS INSTRUMENT: I give to my Agent the following poems to be used for my bene?t and on my behalf and to be exercised only in a ?duciary capacity: 1. . Gifts to Individuals or Trusts Established for Individuals. To make gifts, outright or in trust, .to my daughter, COURTNAY ELIZABETH MONTGOMERY, in an amount per calendar year not to exceed the annual dollar limits of the federal gift tax exclusion under 26 U.S.C. ?2503 as amended, without regard to whether the federal gift tax exclusion applies to the gift; Original being retained by client in the big safe in her home at 1300 S. Ocean Blvd., Palm Beach, FL 33480. PROVIDED, HOWEVER, my Agent shall have authority to make additional gifts on behalf of Courtnay to the extent that they are ?'ee ?'orn gift tax under 25 U.S.C. ?2503(e) as amended. M.M.M.: mm . Charitable Pledges and Gifts to Charitable or Religious Organizations. To satisfy in cash or in-kind any charitable pledges or other charitable commitments which become due with regard to any such pledge/commitment whichI personally entered into with any one or more chaiitable or religious organization and, to the extent my Agent determines it to be in my best interests, to modify any such committnent(s). To make gifts to any one or more charitable or religious organization in amounts and in the manner which are consistent with those historically made by me to such organizations. M.M.M.: . Disclaim Interests in Property or Trusts. To disclaim any interest in property, including, but not limited to, bene?cial interests in trust, interests in protected homestead real property and all or a portion of any amount or amounts I would receive as the death bene?ciary of any one or more life insurance policy, annuity or individual retirement account (or similar account); and to take all actions that my Agent deems apprepriate to effectuate any such disclaimer. Banking Transactions. The authority to conduct banking transactions as provided I in section 70922080), Florida Statutes, which are as follows: Establish, continue, modify, or terminate an account or other banking arrangement with a ?nancial institution. Contract for services available from a ?nancial institution, including renting a safe?deposit box or Space in a vault. Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a ?nancial institution. Receive statements of account, vouchers, notices, and similar documents ?om a ?nancial institution and act with respect to them. Purchase cashier?s checks, of?cial checks, counter checks, bank drafts, money orders, and similar instruments. Endorse and negotiate checks, cashier?s checks, of?cial checks, drafts, and - - other negotiable paper of the principal or payable to the principal or the -2- principal?s order, transfer money, receive the cash or other proceeds of tho se transactions, and accept a draft drawn by a person upon the principal and pay it when due. Apply for, receive, and use debit cards, electronic transaction authorizations, and traveler?s checks from a ?nancial institution. Use, charge, or draw upon any line of credit, credit card, or other credit, or other credit established by the principal with a ?nancial institution. Consent to an extension of the time of payment with reSpect to commercial paper or ?nancial. I speci?cally intend for the banking transaction powers described above to apply with reSpect to any acconnt titled in my individual name or jointly with another person or persons, including survivorship or payable on death accounts. Investment Transactions. The authority to conduct investment transactions as provided in section Florida Statutes, which are as follows: Buy, sell, and exchange investment instruments. Establish, continue, modify, or terminate an account with respect to investment (0) Pledge investment instruments as security to b0rrow, pay, renew, or extend the time of payment of a debt of the principal. Receive certi?cates and other evidences of ownership with respect to investment instruments. (6) Exercise voting rights with respect to investment instruments in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote. Sell commodity futures contracts and call and put Options on stocks and stock indexes. For purposes of this paragraph 5 of my Durable Power of Attorney the term ?investment instruments? means stocks, bonds, mutual funds, and all other types of securities and ?nancial instruments, whether held directly, indirectly, or in any other manner, including- shares or interests in a private investment fund, including, but not limited to, a private investment ?md organized as a limited partnership, a limited liability company, a statutory or common law business trust, a statutory trust, or a real estate investment trust, joint venture, or any other general or limited partnership; -3- derivatives or other interests of any nature in securities such as options, Options on ?itures, and variable forward contracts; mutual funds; common trust funds; money market funds; hedge funds; private equity or venture capital funds; insurance contracts; and other entities or vehicles investing in securities or interests in securities whether registered or otherwise, except commodity futures contracts and call and put options on stocks and stock indexes. I speci?cally intend for the investment transaction powers described above to apply with respect to any investment, bank or brokerage account titled in my individual name or jointly with another person or persons, including survivorship or payable on death accounts. To Maintain My Standard of Care; to Pay My Bills; and to Purchase of Goods and Services. To do all acts necessary to insure that the best possible care and support are provided to me to meet all lifetime needs and to maintain my current lifestyle, including, but not limited to, engaging the services of any individuals or organizations to provide for my personal care and comfort, including maintaining any real properties used by me as personal residences for my use and bene?t and the use and bene?t of my immediate family and paying all carrying charges of such residences, including, but not limited to paying any utility bills, property taxes, homeowners or condominium assessments, and homeowners, Windstorm and ?ood insurance, any taxes, assessments and maintenance thereon, and all expenses for maintaining and repairing my residence, including any seasonal residence, and the Operation thereof, including the employment of household employees and the retention of independent contractors and other expenses incident to the running of the households for my bene?t and the bene?t of my immediate family. To pay any valid hills which I may owe. To purchase any goods or services on my account or otherwise for my use and bene?t. Dealings with Life and Other Insurance Policies, Retirement Accounts, Individual Retirement Accounts and Bene?t Plans. To make deposits or withdrawals from any my life insurance policies, retirement accounts, individual retirement accounts, and bene?t plans. To purchase, pay the premiums on, exercise my rights to elect options, and borrow against any life, casualty, health, long term care or accident insurance. To apply for and receive any government, insurance, and retirement bene?ts to which I may be entitled, including the right to act as my representative payee with the Social Security Administration, and to exercise any right to elect bene?ts or payments; to terminate, to change ownership, to assign or pledge rights, to borrow or receive cash value in reuun for the surrender of any or all rights I may have in life insurance or annuity policies, plans or bene?ts, individual retirement accounts, or in any retirement, pro?t sharing, or other employee welfare plans and bene?ts. To roll over any individual retirement account and to maintain any individual retirement accormt as an inherited individual retirement account. To .4- 10. ll. 12. 13. 14. 15. obtain and pay premiums on or cancel any insurance policies, including, but not limited to, any property, casualty, homeowners, Windstorm, flood and umbrella policies. Delegation of Investment Functions Under ?518.112, Florida Statutes. My Agent may delegate any part or all of the investment functions to an investment agent pursuant to section 518.112, Florida Statutes. Collect Money. To take all lawful steps to recover, collect, and receive any amounts of money now or herea?er owing or payable to me; and to compromise and execute releases or other suf?cient discharges for them. Transfers to My Revocable Trust. To deliver and convey any or all of my assets, including my homestead and any other real prOperty, to the Trustee of the MARY M. MONTGOMERY TRUST DATED JULY 28, 2006, as amended or restated, including any amendment or restatement made by me or my Agent on or subsequent to the date of this Durable Power of Attorney. Dealings with Trusts of Which I am a Bene?ciary. To withdraw and receive the income or principal of any trust of whichI have a bene?cial interest, including, but not limited to, the Marital Trust A (or the Marital Trust) and the Family Trust as are established under the Robert M. Montgomery Trust Agreement dated July 28 2006, as amended or modi?ed; and to request and receive the income or principal of any trust with respect to which the Trustee thereof has the discretionary power to make distributions to or on my behalf, and to execute a receipt and release or such similar document for the property so received. Lawsuits. To sue and settle suits of any kind in my name or for my bene?t. Dealings with Tangible or Intangible Personal Property. To buy, sell, mortgage, hypothecate, or grant security interests in any kind of tangible or intangible personal property. Dealings with Any Security Issued by a Corporation, Bank or Other Organization. To sign, assign, or endorse any security issued by any corporation, bank or other organization and to exercise any rights with respect thereto that I may have. Dealings with Corporations, Partnerships, Limited Liability Companies or Other Organizations. To appear to vote or otherwise act as my proxy or representative in reSpect to such number of shares, partnership interests or membership interests as I may be entitled to vote at any and all meetings of Stockholders, partners, companies,?1i?mited liability Corhjiia?i?s 0r carporations in which I now or may herea?er have stock or own an interest, and for such purposes -5- 16. 17. 18. 19. 20. sign and execute any proxies or other instruments. Dealings with Real Property. To lease, sell, release, convey, extinguish, or mortgage any interest in real pr0perty 011 such terms as may be deemed advisable; and to manage, repair, improve, maintain, restore, build, or develop such property; and to purchase or otherwise acquire any interest in and acquire possession of real property and to accept all deeds and other assurances in the law for such property. Dealings with Legal Instruments. To execute, deliver, and acknowledge deeds, deeds of trust, covenants, indentures, agreements, mortgages, hypothecations, bills of lading, bills, bonds, notes, receipts, evidence of debts, releases and satisfactions of mortgage, judgment, ground rents, and other debts. Safe Deposit Boxes. To enter my safe deposit boxes and to Open new safe deposit boxesremove any of the contents of any such safe deposit boxes; and to close out any of the boxes. Borrow. To borrow money for my account on whatever terms and conditions may be deemed advisable, including the right to borrow money on any insurance policies issued on my life for any purpose, and to pledge, assign, and deliver the policy or policies as security. Tax Returns and Tax Authorities. To execute all income tax and other federal, state or local tax returns, including joint returns, and perform any and all acts that I can perform with respect to all tax matters (including, but not limited to, federal and state income and gift taxes, self employment taxes, payroll taxes, intangible property taxes, tangible property taxes, excise taxes, and real estate taxes) for any and all periods or years and to make remittances of such taxes and any corresponding interest and penalties. Such power shall include, but shall not be limited to, the power to sign or issue, or both, Forms W-2, 56, 709, 843, 941 942, 1040, 1040A, 1040EZ, 1040K, 104OES, 4868, 2688, 2210 and 2848 or any substitute therefore, to claim tax refunds and credits; to ?le protests or petitions to administrative agencies or courts regarding tax matters; to execute closing agreements, extensions or waivers of the period of limitations and any power of attorney required by the Internal Revenue Service or any state or local taxing authority with respect to any tax year; to employ others to assist and represent me in any tax matters, to permit such persons to receive con?dential information concerning same; to compromise and settle tax claims or disputes; to prepare, execute and ?le any returns or other documents in regard to same; to ?le applications for homestead exemption; and to request any extension of time to perform any of the foregoing. Dealings with Governmental Authorities. In addition to the powers provided in the paragraph in this instrument labeled ?Tax Returns and Tax Authorities? or otherwise set forth in this instrument, my Agent may act on my behalf with respect -6- 22personal or business matters involving any one or more Federal, State, District of Columbia, County, Municipal or other governmental body, including any agency, department, branch, division or sub-division of any such governmental body, including the authority to make application on my behalf, make a claim on my behalf, or obtain a license, permit or certi?cate on my behalf, or the renewal or extension of any such license, permit or certi?cate, and my Agent shall have the authority to execute documents on my behalf in connection with any such governmental dealings. Renounce Fiduciary Positions. To renounce any ?duciary positions to whichI have been or may be appointed, including, but not limited to personal representative, trustee, guardian, attorney-in?fact (agent), and of?cer or director of a corporation; to resign such positions in which capacity I am presently serving, and to ?le an account with a court of competent jurisdiction, or settle on a receipt and release or other informal method as my Agent deems advisable. Health and Custodial Care Financial Arrangements. To make ?nancial arrangements (to the extent not covered by insurance) for my entrance to and care at any hospital, nursing home, assisted living facility, life care center, health center, convalescent home, retirement home, or similar institution. To make ?nancial arrangements for any of my health, medical or rehabilitation needs (to the extent not covered by insurance). To obtain ?'om any Health Care Provider or insurance company any my ?nancial or health insurance information. Employees and Independent Contractors. To engage, employ, and dismiss any household employees, medical staff, geriatric/medical care managers, trustees, professional property managers, doctors, nurses, therapists, dentists, lawyers, investment or ?nancial advisors, accountants, bookkeepers, clerks, building general contractors and subcontractors and workmen and appoint others in their place, and to pay and allow the persons to be so employed at such salaries, wages, contractor fees or other remunerations. Obtain Copies of Current Estate Planning Documents and Communicate With My Estate Planning Attorney. To obtain copies of my estate planning documents from my estate planning attorney (and his or her predecessor, if any) and my estate planning attorney shall have authority to communicate with my Agent: the current state of my estate plan; and (ii) whether my estate planning attorney recommends that my Agent implement additional estate planning for tax savings purposes or other purposes. Obtain Copies of Death Bene?ciary Designations and Other Financial Information. To inquire as to the existence of and to obtain copies of any of my retirement plan, annuity or life insurance death bene?ciary designations from my employer or any governmental agency, ?nancial institution, ?nancial adviser, -7- brokerage fum, insurance company or other entity or individual and to obtain copies of any life insurance policies or annuities of which I am the owner, annuitant, co? annuitant, or insured. To obtain any and all other information from my employer or any governmental agency, ?nancial institution, ?nancial adviser, brokerage ?rm, or insurance company, including, but not limited to in?force insurance illustrations, death bene?t amounts, retirement plan balances and premium information. 27. Broad Power to Administer Tobacco Fees Receivables. My Agent shall have broad authority to utilize any of the powers delineated in the other provisions of this instrument to collect and manage the attorney? 3 fees payable to me attributable to the litigation styled State of Flarida American Tobacco (30., et al (?Tobacco Fees?) and all matters incidental thereto, such as dealing with the Tobacco Fees paying agent (further described below) and these powers and authority include, but are not limited to, entering into banking transactions, transferring the collected amounts to the then serving Trustees of my Revocable Trust (as described in paragraph 10), suing and settling lawsuits for these management and collection purposes, retaining and compensating from my personal funds attorneys, accountants, ?nancial or other advisors for these purposes, and requesting withdrawals and distributions from my Revocable Trust or any other trusts of which I am a bene?ciary (including, but not limited to, the trusts referred to in Paragraph 11, above) for purposes of my Agent having the ?nancial wherewithal to maximize the collection of Tobacco Fees, including the Agent?s retention of attorneys, accountants and ?nancial or other advisors for these purposes. Additionally, my Agent shall have ?ill power and authority to act on my behalf with respect to any current or subsequent Tobacco Fees paying agent and all matters incidental to such agent, including, but not limited to, executing any documents necessary to update the paying agent arrangement, compensating the paying agent, authorizing the disbursement of funds from the paying agent?s bank account(s), entering into agreements and modifying and amending agreements among the paying agent and all principals, and authorizing the paying agent to enter into agreements with ?nancial institutions to establish bank, custodial or other accounts for these purposes. 28 . Power to Retain an Attorney to Advise the Agent Regarding Agent?s Duties and Liabilities. My Agent shall have the authority to retain a lawyer to directly represent the Agent, in order to advise the Agent regarding the Agent?s duties and liabilities with resPect to acting under this instrument and my Agent shall have authority to pay out of my funds reasonable amounts to any such retained attorney for these services. FOREGOING POWERS NOT PROHIBITED BY ANOTHER INSTRUMENT OR AGREEMENT: I hereby af?rm that none of the powers as delineated in the preceding numbered paragraphs are otherwise prohibited by another agreement or instrument; -3- INTENT PROVIDE MY AGENT WITH BROAD POWERS AND RATIFICATION OF ACTIONS: It is my intention by the granting of the foregoing powers to give my Agent the broadest possible powers to represent my interests in all aspects of any transactions or dealings involving me or my property in any jurisdiction whether such property is owned on the date which I executed this instrument or was subsequently acquired and, accordingly, this instrument shall be construed to provide the broadest possible powers to my Agent. To the extent that any of the powers granted in this instrument are in con?ict, then any such con?ict shall be resolved and construed so as to provide my Agent with the broadest possible powers- I hereby ratify and con?rm all that my said agent shall lawfully do or cause to be done by virtue of this Durable Power of Attorney. RESTRICTIONS ON POWERS: Notwithstanding the foregoing provisions of this instrument, my Agent shall not exercise any powers with resPect to me and my property to: 1. Satisfying Any Legal Obligations of my Agent. Use my assets to satisfy any legal obligations of my Agent, including but not limited to the support of any dependents of my Agent; PROVIDED, HOWEVER, that such dependents shall not include myself or those persons whom I am otherwise legally obligated to support; and Ex) Exercise Any Incidents of Ownership on Any Life Insurance Insuring the Life of my Agent. Exercise any incidents of ownership over any policy or policies of life insurance insuring the life of my Agent and of which I am the owner. AFFID AVIT BY AGENT THAT DURABLE POWER OF ATTORNEY REMAINS IN TIRED-PARTIES HELD HARML ESS FOR RELIANCE ON DURABLE POWER OF ATTORNEY: For the purpose of inducing any bank, broker, custodian, insurer, lender, transfer agent, or other party to act in accordance with the powers granted by this Power and in furtherance thereof, such person or entity may rely on the af?davit of my Agent, including one based in whole in part on the sample af?davit provided in section 709.21 Florida Statutes, that the powers conferred in this instrument are then effective. I hereby represent, warrant, and agree that if this Durable Power of Attorney is terminated for any reason, I and my heirs, distributees, legal representatives, successors, and assigns will hold such party or parties harmless in acting in accordance with this Durable Power of Attorney prior to that party's receipt of written notice of any such termination. SUBSEQUENT OF THIS DURABLE POWER OF ATTORNEY: REVOCATION OF PRIOR FLORIDA DURABLE POWER OF ATTORNEY INSTRUMENTS: Any grant of a general Durable Power of Attorney made by me subsequent to the date of execution of this Durable Power of Attorney shall revoke this Power unless the subsequent Power contains a statement to the contrary and Speci?cally refers to this Power by its date. I expressly revoke all ?Florida Durable Power of Attorney? instruments previously executed by me. EXONERATION 0F AGENT: My Agent shall not be liable to me or any of my successors in interest for any acts or decisions made in good faith and under this Durable Power of Attorney, unless such act or decision was committed dishonestly, with improper motive, or with reckless indifference to the purposes of this Durable Power of Attorney or my best interest. REIMBURSEMENT AND COMPENSATION OF AGENT: My Agent is entitled to reimbursement of expenses reasonably incurred on my behalf. No compensation shall be provided to my Agent for serving under this instrument. CIRCUMSTANCES IN WHICH AN AGENT SHALL FAIL TO SERVE OR CEASE TO SERVE UNDER THIS DURAB-LE POWER OF Any individual serving as -10- an Agent under this instrument shall be deemed to have failed to serve or ceased to serve as an Agent under this instrument in the following circumstances: 1. Receipt by the designated successor Agent of a certi?cate or letter from a medical doctor stating that he or she is the individual?s physician and that, because of illness or incapacity of any kind of said individual, it is his or her opinion that it is to the best interests of such individual not to further participate in any business or ?nancial matters; or Upon the appointment in Florida or elsewhere of a guardian of the person or the property of conservator of such individual; or Upon the death, resignation or declaration of such individual with respect to serving as an Agent or successor Agent under this instrument. FLORIDA LAW GOVERNS: All questions pertaining to validity, interpretation, and administration of this Power shall be determined in accordance with the laws of the State of Florida. MISCELLANEOUS PROVISIONS: The following miscellaneous provisions shall apply with respect to my Durable Power of Attorney: 1. Ix.) Invalidity of Any Provision Under this Power of Attorney. If any of the provisions of this Power is invalid for any reason, such invalidity shall not affect any of the other provisions of this Power, and all invalid provisions shall be wholly disregarded. Singular/Plural. Except where the context otherwise requires, the singular includes the plural and the plural includes the singular. Photoc0pies of this Durable Power of Attorney. In exercising any power under this instrument, any applicable third-party must receive the original of this instrument, which shall be returned to my Agent(s), and the third-party may keep a copy for their ?les. Headings for Reference Only. The headings preceding the text of the several paragraphs of this instrument are inserted solely for convenience of reference and shall not affect the meaning, construction, or effect of this Durable Power of Attorney. I understand that this Power is an important legal document. Before executing this document, my attorney explained to me the following: -11- 1. This document provides my Agent with broad powers to dispose, sell, convey, and encumber my real and personal property; 2. The powers granted in this instrument will exist immediately up on my execution and will exist for an indefinite period of time unless I revoke this Power. THIS DURABLE POWER OF ATTORNEY IS NOT TERMINATED BY SUBSEQUENT INCAPACITY OF THE PRINCIPAL EXCEPT AS PROVIDED IN CHAPTER 709, FLORIDA and 3. I have the right to revoke or terminate this Power at any time. IN WITNESS WHEREOF, I have hereunto set my hand this day of Obtain/Vi? ,2014. mm MARY M. MONTGOMERY INITIALED, SIGNED, PUBLISHED, AND DECLARED by the said Principal, MARY M. MONTGOMERY, as a Florida Durable Power of Attorney, in the presence of the undersigned who at said Principal?s request and in her presence and i the presence of e?ch other, have hereunto subscribed our names as witnesses thereto, this of! day of ?erpf? 2014. 415% residing at Qid?u?u ?64 r?L 5 3 gay? RAMUUKLQ '11; residing at KL) ESL (Q STATE OF FLORIDA COUNTY OF PALM BEACH . 01%" A - The foregoing instrument was acknowledged before me this I day of (I 2014, MARY M. MONTGOMERY. - i . . M?fgi?NMm-Sm??-me (819W ofNotai-y Public - State of Florida) EXPIRES: May 1. 201a again-tie Bonded Thwiinury Fubfe momma (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR?Produce-d Identi?cation Type of Identi?cation Produced Est Plan Docs\Power of Atty - 20]4.wpd -12.. EXHIBIT HIPAA AUTHORIZATION OF MARY M. MONTGOMERY I, MARY M. MONTGOMERY, hereby authorize any Health Care Provider to disclose any or all of my Individually Identi?able Health Information Upon request to the following Authorized Persons: HILDA M. SANTANA, at her request; or JAMES G. PRESSLY, JR., at his request; or . - A trustee designated as successor trustee of a trust created by me, or any person designated in a trust created by me with the authority to determine my capacity, for the purpose of determining my capacity as de?ned in the trust. The above authorization shall include answering the questions of any of my authorized persons and discussing the disclosed information, even if I am fully competent to ask questions and discuss the information at the time. Health Care Provider means any health care provider or covered entity as de?ned in the Health Insurance Portability and Accountability Act (HIPAA) or its associated regulations. Health Care Provider includes any person or entity that is prevented by HIPAA from disclosing information to my Authorized Persons. Individually Identi?able Health Information means any individually identi?able health information or protected health information as de?ned in HIPAA or its associated regulations. This authorization shall expire four years after I die, unless I have revoked it in writing before then. No revocation shall take effect until it is actually received by the Health Care Provider that is being asked to disclose information, and no revocation shall apply to the extent that a Health Care Provider has taken action in reliance upon this Authorization. I understand that information which is disclosed pursuant to this Authorization may be re- disclosed by my authorized Persons, and that HIPAA will no longer protect such information after disclosure to my Authorized Persons. No Health Care Provider shall require any of my Authorized Persons to indemnify or release the Health Care Provider as a prerequisite to with this authorization. No Health Care Provider may condition treatment, payment, enrollment, or eligibility for bene?ts on whether I sign this Authorization. Any of my Authorized Persons may sign any documents that he or she deems to obtain my Individually Identi?able Health Information. Any of my Authorized Persons shall have the right to ?le suit or take any other legal action to obtain Individually Identi?able Health Information from any Health Care Provider that refuses to Accept and act upon this Authorization. Original being retained by client in the big safe in her home at 1800 S. Ocean Blvd., Palm Beach, FL 33480. 8. I hereby release any health Care Provider from any liability that it incurs as a result of acting in reliance upon this Authorization (or upon a photocopy, scan, or facsimile of it). No Health Care Provider shall be responsible for the actions of my Authorized Persons. Signed on this day of 2014. 1 ??tam ?rm-nu? (Kiwi/w: MARY M. F51 Plan Authorization - 20]4_wpd ._Nov. 6. 2015 0c District Court No.27ro-- P. am STATE OF MINNESOTA BISTRICT COURT PROBATE DIVISION COUNTYOF OLMSTEAD HIE-D WEIGIAL DISTRICT Court File No. Case Typa: l4, Conservatorahip In Re: Emergency Guardianship and Consorvatoralrip . Ellie rgency Letters of Guardianship MARY M. MONTGOMERY, and utters Terminate on adoring an Ward and Protected Person (L Guardian: Fiduciary F?undatr?mr LLC. is quall?nd and ii hatch); unmarle to not as Guardian ol?Mary a mm. being appointed as guardian by 1h: Court will: all ofum powers and authorlly by 5mm :3 man on ?w ordar nppuln?ng guardian order are incorporated huruin by roforcnuo handing the pawn: undcr MS. {5 as follow: only those under paragraphs MSand Fiduciary Foundation LLC, in quali?cd and is hereby nuthorizcd to Hal as Conscr?r'aW 01? The narrate, with all aft-her Puwm and authority prisorlbad by slum: as shown on llu: lJI'dE-l? comm-131m me Inmrs order are incorporated harnln by mfamm Including the undcr MS. 524,341? as follow: all powers lhoroln; and oach guardian and conservator has such other powers dutian granted under applicab], law. The power: and dll?cs under Letters of'Guardlanship and ?pin and terminatequ wilt?4h? November 14 2015 I . Judge of District Court PRESENT ADDRESS AND PRESENT ADDRESS AND TELEPHONE NUMBER OF TELEPHONE NUMBER WARD PERSON GUARDIAN I CONSERVATOR Marx M, maul?nmg? 1915- 65? HR Ra has! ?50 9'4 5 mm: .lcn'rcg . I PIG Bug 13251 FMLEID WW 6 -7 1' ll - 2015 H-Pnuw?m . Olmxlud Mu taunt-cl Ellyn GAO Illa-U ENG Rev 8110 ww.mnnouns.guvllamn Woman de?es search warranty-?ghts with deputies Crime Courts - Ilyiobile Page 1 of 3 Thanks for visiting You're entitled to view 7 free articles 6 Remaining every 30 days. Then. if you enjoy our site and want full access. we'll ask you to purchase an affordable subscription. Current print subscribers receive access but are required to setup an account. Woman defies search warrant, fights with depu?es Kay Fate. kfate?poatbulietincom Posted 7' hours ago A welfare check on a woman who authorities had reason to believe was being exploited turned into a wrestling match with law enforcement and criminal charges against her caregiver. a ram-me homespostbuiietinmm 3 . Courtney Elizabeth Montgomery, 51, of 1915 65th St. NE, appeared Tuesday in Olmsted County District Court, where she faces two counts of obstructing the legal process. She's been released in lieu of $1,000 conditional bail; a plea hearing is set for Feb. 4. The case began Oct. 27. when deputies attempted to execute a search warrant at Montgomery's home. The warrant was issued after authorities received information that Montgomery was manipulating an elderly woman, possibly preventing her from receiving adequate care. The victim, Who normally lives in Florida, had been kept in Minnesota by Montgomery, the criminal complaint says, and had missed doctor appointments in September and October. The search warrant was requested to facilitate a face-to-face meeting with the woman to ensure her safety. Deputies arrived at the home about 1 although Montgomery wouldn't answer the door, contact was made by phone. She refused to unlock the door and cooperate with the warrant, court documents say, then hung up. A few minutes later, Montgomery called deputies who were still outside her home and said the alleged victim's attorney was on his way, and that Montgomery was calling TV news. The of?cers continued to contact her without success. 2/3 0/2015 Woman de?es search warranty-?ghts with deputies - Crime Courts Mobile Page 2 of 3 About 1:30, deputies informed Montgomery they'd obtained the security code to the garage, and would be entering the home. "If you come in, that's your business," Montgomery allegedly told them, "but I'm going to tell you right now, I'm going to protect (victim) and me. You better call a (expletive) (unintelligible). You better call a If you enter without authorization, I will stand my ground. Do you hear what I'm saying?" From past contacts, deputies knew Montgomery had ?rearms in the home, the complaint says, and interpreted her words as a threat to use deadly force against them. They continued to reason with her. and eventually got inside the home more than an hour after their arrival. Montgomery said she wasn't armed, but told deputies there were loaded ?rearms in every room of the home. Of?cers asked her to leave the room while they evaluated the alleged victim; Montgomery refused. Investigator Dave Rikhus, who tracks potential cases of ?nancial exploitation for Olmsted . County, told Montgomery that if she didn't leave the room, she'd be arrested. - Montgomery again refused, the reports say, and Rikhus told her she was under arrest. Montgomery refused multiple requests to stand up, the documents say, telling Rikhus any attempt to put his hands on her would result in a lawsuit. Montgomery wrapped her arms around the armrest of the bench she was sitting on to prevent anyone from moving her. the complaint says, then "lunged her head toward Rikhus in an apparent attempt to bite him on the arm." When her grasp came off the armrest, Montgomery went to the floor, screaming that her wrist hurt. She couldn't get off the ?oor, she said, because of health problems. Attempts to help her were reportedly met with resistance; speci?cally, she was lying on her back, kicking at deputies, thrashing and screaming, the reports say. As she was escorted out of the home, Montgomery yelled to the woman not to answer any questions. It's unclear what the status of the alleged victim is. What Do You Think? What's This? For how long do you keep your Christmas tree up? Typically just until the new year 0 For a couple more weeks after Christmas 0 We take it down a few days after Christmas 0 I don't celebrate Christmas/put up a tree Other Submit 12/3 0/2015 Zl'll?ZU?lti SubscriberSurvivesI 5071 Rndishl :tgriNewsl Rochester Magazine-l Advertise Rochester woman pleads guilty in elder-care case - PostBulletin.com: Local \Vel?ul'tlcl lxtgin I Siglult) I mast"? Foot-Bulletin subscribu'a dick to amass your bemlits on gInner Circle 36? assumes: Thanks for visiting PostBullctin.oom. You're entitled tovicw 7 free artides every 30 days. Then, if you enjoy our site and want full amess, we'll askyou to purdtase an affordable subscription. Current print Subscribers receive access but are required I to setup an account. 1 6 Remaining Home News Local Rochester woman pleads guilty in elder-care case Story Comments Recommend KAY FATE, Term: Posted: Friday. February 5. auto "1:47 am Print A woman accused of wrestling with law enforcement who were checking on the welfare of an elderly woman in her care has pleaded guilty in the case. Courtnay Elizabeth Montgomery, 51, of 1915 65th St. NE, pleaded guilty Thursday in Olmsted County District Court to one count of gross misdemeanor obstruction of the legal process. In exchange for the plea. a misdemeanor count of the same charge was dismissed. . - Moth-um 1a.: tum-meant 'Mrmuc 3" mil!- I Mum.? I: nilmr-Mmm N- ?hull_I?? . Imumum Montgomery was immediately sentenced to two years probation and ordered to complete 90 hours of community work service. The case began Oct. 27, when deputies attempted to execute a search warrant at Montgomerys home. The warrant was issued after authorities received information that Montgomery Was manipulating an elderly woman, possibly preventing her from recaiving adequate health care. The victim, who normally lives in Florida, has been kept in Minnesota by Montgomery, the criminal complaint says, and raised doctor appointments in September and October. The search warrant was requested to facilitate a face-to?face meeting with the woman to ensure her safety. Deputies arrived at the home about 1 pm; although Montgomery wouldn?t answer the door, contact was made by phone. She refused to unlock the door and cooperate with the warrant, court documents say, then hung up. [Search the Last 24 Months lilo?l . at nigh?: . What Do You Think? What's This? Do you think the US. was safe under George W. Bush? e} Yes No ?9 No opinion Submit Featured Ads 1/7 21812015 A few minutes later, Montgomery called deputies - who were still outside her home and said the alleged victim's attorney was on his way, and that Montgomery was calling TV news. The of?cers continued to phone her without success. I lnmr- News Video Obituaries Sports Entertainment Life Business Opinion About 1:30, deputies mtormeo Montgomery they'd obtained the secunty code to the garage and would be entering the home. From past contacts, deputies knew Montgomery had ?rearms in the home, the complaint says, and feared she might use deadly force against them. They continued to reason with her, and eventually got inside the home more than an hour after their arrival. Montgomery said she wasn't armed, but told deputies there were loaded ?rearms in every room of the home. Of?cers asked her to leave the room while they evaluated the alleged victim; Montgomery refused. Investigator Dave Rikhus, who tracks potential cases of ?nancial exploitation for Olmsted County, told Montgomery that if she didn't leave the room, she'd be arrested. Montgomery again refused, the reports say, and Rikhus told her she was under amt. Montgomtary refused multiple requests to stand up, the documents say, telling Rikhus any attempt to put his hands on her would result in a lawsuit. Montgomery wrapped her arms around the armrest of the bench she was sitting on to prevent anyone from moving her, the complaint says. then "lunged her head toward Rikhus in an apparent attempt to bite him on the am." When her grasp came off the armrest, Montgomery went to the ?oor, screaming that her wrist hurt. She couldn't get off the floor, she said, because of health problems. Attempts to help her were reportedly met with resistance; speci?cally. she Was lying on her back, kicking at deputies, thrashing and screaming, the reports say. As she was escorted out of the home, Montgomery yelled to the woman not to answer any questions. It's unclear what the status of the alleged victim is. ;eeon?ih1cnd - Print Posted in Local on Friday, 5- 2016 10:47 am- Most Read - Aaleaclzin: - RC'lC?resbothallcouh I Similar Stories - Onekillezlincrashwulh ofStewertville 1 - UPDA?I?EDuinjnn-d ?omhvu-whicloenshun I Highway 52. Lou (video) I - One hurt in rollover suspect a I Answer Man: Historic hotel has link to White House - US plane impounded hi?rnbabwegbody andcash _i run found unheard - 21-year-old Rochester man dies in ne-carcmh - Stu-eon. Rahman [lasting . . . .. .. . - -- -- -- - - - - - - Rochester woman pleads guilty in elder-care case - PoslBullelirLcom: Local JOBS i AUTOS 2010 Ford Edge Limited TOM HEFFERNAN FORD Clussi licds .lhi'l? 2002 Lincoln Continental FRANK NICHOLS 2009 Lincoln MKS TOM HEFFERNAN FORD 2006 Chevrolet CB C55 More Autos Hunter: :?.l1ln i Submit News Tips MORNING MAIL t3? 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