- Law Of?ca m? La David A. Sm'llh 500 {Did Cmunlry Road. Suite 109 Garden City. New York 11530 Phone; (516} 2944?30?1 Fax (516) 3933594 Web Site. Meaghan Judd Daniel Smith Heathar S. Mllanash June 27, 2013 Hon. Angela (33. lannaumi Supreme Court ml the Stealth of New York County of Nassau 100 Supreme Court [brim Minedla, New York ?501 Salivary 8y Hand Fla; Proposaed Preparty Management Guardianship of Beatrice Hart Index N0. 308014-2013 llannacci, JJ Dear Jualice lanhaccl: As you are aware. the undersigned is the attorhdy {pr Baalrice Hart. In guardianship procaedings thducled before cahcluded before Your on June 11. 2013, Beatrice Hart unmarried t0 the appointment of a temporary property management guardian 9mm? That proceeding neither draught. nor resulted in. the appointmant of any personal needs guardian for Beatrice Hart. Your Honor was ccrrectly informed by faxed letter from Staphan Hand, Esq, one of the legion df lawyers for Petitioner Dean Hart from the Jagsparr, Schleainger ?rm, that my client has now executed a new Health Care Proxy Ir: dhe designates her daughter. Penny Hart, as her sole health care agent. and by which Beatrice revokes all prior health care proxies executed by her at any hme. A true capy of the new Health Cara Proxy is enclosed herewith. Speci?cally, and without limitation, my client has revoked any and all health care proxies designating Dean Hart, her son. as health care agent. and/or his wife? Gabriela. as alternate health care. Of course, my client has every right to designate whomaver she wishes to designate as her health care agent under a duly executed health care proxy, This Court neither did (nor, respectfully. could) purport, In any Way. to Ilmit my cliaht?s ability to make her own advanca diractives. Without revealing any client confidencds - and as I already informed th during several appearances, up to and including June 11, 2013 - I can say the: Suzull 1 vim-amgww client has been determined, since ?rst we met, to replace her son, Dean Hart, as her? health care agent, and to replace Dean's wife as her alternate health care agent, under a previously executed health care proxy. The reasons that she gave for this were ?that I am very afraid of them, and Dean stood by and watched while his wife beat me up"; ?that Dean stole millions of dollars from me and want to get it back"; and (0) she had reunited with her previously estranged daughter. Penny Hart, and "she is the only one i can trust after what Dean did to me". These statements, or acme close variation thereof, were made to me on at least ?ve (5) separate occasions by my client. On two (2) of those occasions, Coort Evaluator Frank Perrone also wee present. On the other three (3) occasions, Beatrice and I were alone, in her kitchen. i promiaed Beatrice that i would attend to the preparation and execution other new health care proxy as soon ae poaeible. What made the matter immediately compelling was a phone call that received from my client earlier this; week to tell me that she had an appointment yaatetday, June 28, 2813, with the County District Attorney?s Office, to make. a formal complaint concerning the ?letter? that my client purportedly signed, dated September 29, 2012. directed to her eon Dean and formally witneaaed by at least two attorneys at the Jaspan, Schleainger ?rm, including Marci Zinn, Esq, who is one of the legion of lawyers who appeared in Court in the guardianship, by which her eon obtained more than $4,500,000 (four million ?ve hundred thousand dollars) from my client soon after that ?letter? was presented. by either Dean or his attorneys, to my client?s financial institutions named in that letter. A true copy of that letter to enclosed. With the knowledge from my client that she was making a formal complaint to the Nassau County District Attorney conoerning Dean?s receipt of more than $4,590,000 of her money pursuant to that ?letter?, it was of course of great and immediate concern to me that neither Dean Hart, nor his wife, remain in place, for even one day more, as Beatrice's health?care agent. Put most simply, my client simply cannot leave to someone who is the subject other ardent intention to have that transaction reversed to decide whether she lives or she dies it she is, for example, brought to a hospital emergency room in cardiac or pulmonary arrest. have this morning con?rmed with the Nassau County District Attorne in conversation with the Investigator involved. that he met with and she has made a formal complaint to the Nassau County Dis concerning the ?nancial transaction referred to herein. . y?s Of?ce, client yesterday; Attorney i also had the moat unpleasant experience of seeing and he . .. way that Dean Hart treats his mother, and the things that he ahooteagir1 Staf?ng? the appeared at my client?s house this past Monday afternoon, June 24, 2013? Al a were the Court Evaluator, Mr. Perrone; an independent agency ?Ursa assist. ac present Belling in providing proper aides for my client; and, at times? attorney Zinn 0?22 grab . ean Harts many attorneys from the deepen, Schlesinger firm. Suffice to say, while resenting the details for whatever forum they may ever need to be presented in, that on Mondays - June 24, 2013. in Beatrice Hart's home. Dean Hart repeatedly screamed at his mother. while positioning himself within inches of her face. that ?l will get even with you for turning on me": repeatedly cursed at her; told her that he did not consider her to be his mother anymore; and got so close to her face while screaming at her that the independent agency nurse had to keep moving Beatrice from room to room of her home in order to seek. unsuccessfully, to get Dean to stop. At that point, i dialed "911? on my cell phone. Dean Hart left the house and went outside to the porch. and ultimately left my client?s home without further interaction with her, For all of these reasone, my client exercised her legal right and not one minute too soon to make a new heelth care proxy yesterday. wherein neither Dean Hart. nor his wife, has any role whateoever in the ongoing health care treatment decision making for Beatrice Hart. The document wee at length with my client, in the presence of only myself, one ot'tho two and an independent agency horse. prior to my client executing it before the two (the eeoond of whom entered the room only for the document execution process). - Viewed in this context, the bleate of counsel for Deen Hart in the letter to thie Court of June 26, 2013 that ?this matter is urgent for the protection of the [etc] Beatrice Hart? are both pathetic. and reprehensible. Indeed. the only matter urgent for the protection of Beatrice Hart was that comply with her standing demand of me that i prepare for her a new health care proxy that eliminated Dean Hart and his wife from being Envotved in any fashion with Bea?e current and future health care decision making. Beatrioe?e new health care proxy accomplishes exactly that. Reopeotfully Submitted, '5 I we a. David A. Smith co: vie e-mall: Stephen 8. Hand, Esq. (shand@iaeganilg.oom) Frank Perrone. Esq. (FLP@dhclegal,com) David Lazer, Esq. Virginia Belling, RN. MS Ms. Beatrice Hart 13 -