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Marcia pevey.guardianfees0001
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PROBATE COURi 4
No. 403,028
GUARDIANSHIP OF § IN THE PROBATE COURT
HELEN RITA HALE § NO. FOUR (4) OF
IN CAPACIT ATED § 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
for total expenses paid - refer to the Income/Expense Detail attached hereto and incorporated herein
.t)j
' by reference.) T~m or~ G~uar.dian ending Contest asserts that compensation for fiduciary services
P
~ 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.
2. 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
, .-< J /
1001 West Loop South, Ste. 8Q~;:~~ N['T1.:
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Houston, Texas 77027 ;~;~:;; :,.--.' ~ Cl
(713) 526-8772 (713) 623~283~;IfaX) LO
Temporary Guardian Pending Cphte~ofthe [srson
and 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 the
foregoing APPLICATION FOR PAYMENT OF G ARDIAN'S COMPENSATION FOR rae
PERIOD OF MAY, 2011 THROUGH SEPTEMBER 19, 2011 was forwarded by facsimile to:
Teresa Scardino Barbara Calderon
4309 Yoakum Blvd. Ste. 360 21 Briar Hollow Lane, #703
Houston, Texas 77006-5817 Houston, Texas 77027
Facsimile: 2811218~0990 Facsimile: 713 520 5335
Attorney Ad Litem Guardian Ad Litem
~f1o=
3. r---'--.------:---------------------------
No. 403,028
GUARDIANSHIP OF § IN THE PROBATE COURT
HELEN RITA HALE . § NO. FOUR (4) OF
INCAPACITATED § 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 Texas
Probate 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 of
Fees and in the application for payment of guardian's compensation and states that all fees for which
payment is requested are reasonable and were necessarily incurred in connection with my fiduciary
services as Temporary Guardian Pending Contest of the Person and Estate of Helen Rita Hale and
were 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 of
obtaining court review and approval of such fees and their payment.
t
SWORN TO~UBSCRIBED by MARCIA PEVEY, before me, the undersigned authority, on
this Iq
- ~.,~o/.w
dayof~. ,2011.
,~!!!e~~~=~~~ Notary Public,~e of Texas
4. HALE
09/19/11 Profit and loss Standard
May 1 through September 19,'2011
May 1 - Sep 19, '...
Income
Edward Hale Life Ins. Payment
Interest
Loan Payment
OPENING TRANSFER FROM REGI..•
Total Income
Expense
Bond 260.00
Care Management
Maid Service 301.18
Transportation 335.00
. Care Management - Other 640.00
Total Care Management 1,276.18
filing fees 13.00
Homestead
Utilities 1,190.96
Total Homestead 1,190.96
Housing and Care
Personal Needs 179.98
Housing and Care - Other 3,800.00
Total Housing and Care 3,979.98
Legal Fees 320.00
Miscellaneous 5.00
Sitters 1,020.00
Void Check 0.00
Total Expense 8,065.12,
Net Income 19,691.51
Page 1
5. THE LAW OFFICE OF MARCIA PEVEY
1001 WEST LOOP SOUTH, STE 809
HOUSTON, TX 77027
Helen Hale - GUARDIANSHIP
Cause No. 403,028
Probate Court Four (4)
GUARDIAN'S FEES AND COSTS
September 19, 2011
Professional Services
_--!.H.!.!:o~ur~s Amount
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 hr
visit; 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 called
to change to 4:00; Wed· Susan, money problem; Thura- Pete, came later,
visit for 30 minutes, good visit
9/14/2011 GDN Phone call from LaTrevia re Jane showed up early and is demanding her 1.90 190.00
mother go to ER.-.3 'L-U ~j .
Phone call to care manager re going to LaTrevia to evaluate and take Ward
to ER if necessary-.3
Phone call from care manager re Tom and Jane at house - will take Ward to
Cypress Hospital (they would prefer on Huffmeister) -.3 . __ r""'~.SIf)
Phone call from care manager re has Ward at ER - UTI. slightly lowered
~
~~
..Jg~
. .
potassium- possible bowel obstruction - stomach not extended - waiting.Qfl . .
doctor - Susan has joined the crew and is very nasty - Ronnie there for short
time--.5
. Phone call from care manager re Ward being admitted, care manager will
stay until all is stable - waiting on doctor - sitter is there ....3
Phone call from care manager re Ward is just constipated - probably from
all the rich/fried food kids bring in, they will keep until 8M and treat; all family
is gone - hospital personnel is aware; will monitor and call care manager-
sitter and relief are in place-.5
~ EXHIBIT
i
9/19/2011 I·A ..
6. Helen Hale - GUARDIANSHIP Page 2
_--'-H .•.•• •.••
o'-='ur
s Amount
9/14/2011 GDN email correspondence from/to D. Cheatham re niece visiting and the limits 0.50 50.00
on 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 copies
of new filings reinstating Diane's application ... 1
9/15/2011 GDN Phone call from care manager re putting Ward in Specialized Care for some 0.80 80.00
rehab and PT/OT • care manager will call doctor and report back--.5
Phone call from care manager re Doctor wants to see how much
improvement when in PT···.3
GDN Phone call from Amy, Social Worker at CyFair Hospital re accusing me of 0.80 80.00
abuse, etc. and threatening to call APS - I told her to call Probate Court 4
and gave her the number; she was very abusive and critical - talked to her a
long time explaining why Ward was out of her home and told her I was
waiting for Doctors Orders and history of Ward's stay in other rehabs so
could put her where her records are-.5
Phone call to care manager re phone call from social worker - care manager
will 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 be 1.60 160.00
discharged to Legend Oaks for rehab-.5
Phone call from Steven Gary, Administrator of Legend Oaks re contacts and
introduction-.3 <-'
Phone call from care manager re Successor Guardian and when he will
have authority-.3
Phone call from care manager re hospital and family know I will no longer be
guardian - worried about who has authority - how did this get out? • I do not
know---.5
GDN Trip to TXDot for duplicate title 1.50 150.00
GDN Receive and review, complete and return forms to insurance company on 0.50 50.00
car accident
For professional services rendered 8.20 $820.00
Previous balance $3,840.00
Balance due $4,660.00
9/19/2011
7. ,:~ .
Helen Hale - GUARDIANSHIP 3
User Summary
Name Hours Rate Amount
Marcia Pevey - Guardian 8.20 100.00 $820.00
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911912011
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8. 911312011 THE LAW OFFICE OF MARCIA PEVEY
10:27 AV! Pre- bill Worksheet Parre
Selection Criteria
Clie.Selection Include: Gdn- Hale
Nickname Gdn-Hale 1730
Full Name Helen Hale· GUARDIANSHlP
Address Cause No. 403,028
Probate Court Four (4)
GUARDIAN'S FEES AND COSTS
Phone 1 Phone 2
Phone 3 Phone 4
In Ref To 1
Fees Arrg. By billingvalue on each slip
Expense Arrg By billing value on each slip
Tax Profile Exempt
Round Fees 6 Minutes
Last bill 9n12011
Last charge 918/2011
Last payrrent Amount $0.00
Date User Rate Hours Armunt Total
ill ~T~as~k~ DNBAmt
~M_~~k~u~p~~~o.~D~N~B~T~~=
8/8/2011 Marcia Pevey 100.00 0.10 10.00 ---Billa-b-1e
43803 General
.email correspondence Diane Cheatham re Tom was in a wreck and
according to police the car is totaled
8/812011 MarciaPevey 100.00 0.10 10.00 Billable
43804 General
email correspondence Diane Cheatham re reaction of Ronnie Goings to
the scheduling conference
8/1012011 MarciaPevey , 100.00 0.10 10.00 Billable
43805 General
email correspondence to my office re threats from Ronnie Goings
8/1012011 Marcia Pevey 100.00 0.10 10,00 Billable
43806 General
Receive and review Order for rME
~ EXHIBIT '.
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9. 9/13/2011 TIlE LAW OFFICE OF MARCIA PEVEY
10:27 i-Jf Pre- bill Worksbeet PU!1e 2
Gdn-Hale.Helen Hale - GUARDIANSHIP (continued)
Date User Rate Hours Amount Total
ID ~T~~~k _ Markup % DNB Tirr~ DNBArnt
8/1112011 Marcia Pevey '0.20 20.00
-----
Billable
100.00
43808 General
Phone call from Susan Staley re visitation - abusive in tone and language
811212011 Marcia Pevey 100.00 0.10 10.00 Billable
43807 General
email correspondence from care manager re siblingsvisitationschedule
and implementation of same at LaTrevia's
8/1512011 Marcia Pevey 100.00 0.10 10.00 Billable
43809 General
email correspondence flom Diane Cheatham re visits during the week if
at all possible
8/1612011 Marcia Pevey 100.00 0.10 10.00 Billable
43811 General .
email correspondence to/from Archie Cheatham re many questions
about options for getting Ward back into her home
8/16/2011 MarciaPevey 100.00 0.10 10.00 Billable .
43812 General
emai1correspondence to/from Diane Cheatham re her mother wants to
go home - many ideas on how to accomplish this
8/1812011 MarciaPevey 100.00 0.10 10.00 Billable
43813 General
errail correspondence to/from Archie Cheatham re his research into
reverse rrortgages - recovering the loans to the children - having Ward
in his home
812412011 Marcia Pevey 100.00 0.10 10.00 Billable
43815 General
email correspondence from care manager re new and rrore current
letter from Dr. Uddin on capacity
8/2612011 Marcia Pevey 100.00 0.10 10.00 Billable
43816 General
email correspondence from Diane Cheatham re the 4 Hale children
have a PIon Ire and found Dietz blog from 2008
10. 9/1312011 1HE LAW OFFICE OF MARCIA PEVEY
1027 At-l Pre-bill Worksheet 3
Gdn-HaleHelen Hale - GUARDIANSHJP (continued)
Date User Rate Hours Amount Total
ID Task' Markup % DNB Tnr.e DNB Arnt _
~~----------------------
8/3012011 Marcia Pevey 100.00 0.10 10.00 Billable
43817 General
email correspondence from Diane Cheatham re her ow:ing money to her
parents and her testimony at earlier hearing
9/112011 Marcia Pevey 100.00 0.10 10.00 Billable
43818 General
email correspondence to/from Diane Cheatham re moving Ward closer
to her and changes to her visit time '
I
91212011 Marcia Pevey 100.00 0.10 10.00 Billable
43820 General
emailcorresponderce from Diane Cheatham remail from Atty James
Bayles
9n12011 Marcia Pevey 100.00 0.10 '10.00 Billable
43821 General
errail correspondence Archie Cheatham re nasty face book page
posted by Susan Staley
917(2011 Marcia Pevey 100.00 0.10 10.00 Billable
43822 General
email correspondence from Marlon Davis (possible witness at trial) re
speaking with his attorney in his suit to remove Ronnie Goings as
Executor offather's Will
917(2011 Marcia Pevey 100.00 0.10 10.00 Billable
43823 General
email correspondence from Diane Cheatham re facebook page
9/812011 MarciaPevey 100.00 0.10 10.00 Billable
43824 General
email correspondence from Diane Cheatham re photos of Hale house
and financial page that was marked but not admitted into evidence
9/812011 Marcia Pevey 100.00 0.10 10.00 Billable
43825 General
email correspondence to/from Archie Cheatham re Guardian Ad Litem
Barbara Calderon - question of Diane needing to file to be Guardian or
is contest enough - financial data from 1993 and paid back in 1994-
has checks
11. 9/1312011 THE LAW OFFICE OF MARCfA PEVEY
10:27 AM Pre-bill Worksheet Pa£!e 4
Gdn-Hale.Helen Hale - GUARDIANSHIP (continued)
I)ate lJser Rate .Hours Amount Total
~II)~ ~T~~'~k _ Markup % DNB Tm I)NB Amt _
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
~i
r~:,
.,.
By billingvalue on each slip.
ill Total of billable titre slips $210.00
I
,~ Total of Fees (Time Charges) $210,00
~l
Total of Costs (EXpense Charges) $0,00
!
m
b! Total new charges $210.00
!~
Previous Balance
Current $3,630.00
Total Previous Balance $3,630,00
New Balance
Current $3,840.00
Total New Balance $3,840.00
12. THE LAW OFFICE OF IvlARCIA PEVEY
1001 WEST LOOP SOUTH, STE 809
HOUSTON, ·TX 77027
Helen Hale - GUARDIANSHIP
Cause No. 403,028
Probate Court Four (4)
GUARDIAN'S FEES AND COSTS
September 07, 2011
~~~
Professional Services
'Ot"~ ~~
. ~'f. 'd. "::>0
'-0 . Hours Amount
~ .
4/12/2011 GDN Extended phone call from Susan Staley, daughter, re her story - family 0.50 50.00
history and her brother's jail and rehab history - also family manipulation
4/15/2011 GDN Phone call from Jane Goings re explained guardianship and role of guardian 0.30 30.00
5/212011 GDN Phone call from David McHan - APS re exploitation financial call - valid - 0.50 50.00
Tom 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 and
will call me tomorrow with Supervisor)
5/5/2011 GDN Trip to visit Ward with care manager for assessment - to set beginning rules 1.50
with 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 1.50
records and other paper work; start discussions about paying off debt of
family members to Guardianship Estate
5120/2011 GDN Phone call from Susan Staley re taking her mother to doctor today; contact 0.30 30.00
numbers 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 0.20 20.00
one night stay
5/27/2011 GDN Phone call from Ronnie Goings re his loan payment is in the mail ($805.00); 0.50 50.00.
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 gambling
~~G-.~d DQ.~S
expenses can not be reimbursed retroactively q-=t3-Y3 - 'd3SQ
5/31/2011 GDN Sorted and organized banker's box of documents from Hale family 1.50 150.00
.. EXHIBIT
I~. :_.
~ .. c-r--:
13. ·__ ._._._._---------------------------------_ .._----_.-_ .._._-_.
Helen Hale - GUARDIANSHIP Page 2
_-..:.H"",o:.::u=rs Amount
5/31/2011 GDN Worked with financiars- set up files for bills, family loans (called family to see 2.00 200.00
about status of same); insurance claims generated by husband's death
61712011 GDN email correspondence to care manager re need to get Ward under the care 0.20 20.00
of a good doctor; need to get money from Tom and need to organize Ward's
home--O.1
ernail correspondence from care manager re cleaning people going out on
Wednesday; care manager going out on Thursday or Friday and will get the
money from Tom and have him sign an affidavit on the expenses; Ward
seems content with the situation-0.1
GDN email correspondence from Archie Cheatham re is moving Ward out of her , 0.20 20.00
home being considered:?;has a reverse mortgage been considered?;Hale's
poor living conditions while Goings had loans from the Hales--0.1
email correspondence to Archie Cheatham re moving Ward from her home
Is not being considered at this time;still gathering her estate to see what she
can afford--0.1
GDN Phone call from Diane Cheatham re Torn says long distance at Ward's 0.40 40.00
house no longer works; family now all hates her; she wants new doctor for
Ward (Dr.Uddin came with new insurance and is no good); wants Dr.
..~
!.. Vonseca - she has checked and he is on Ward's insurance plan
~
~
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~-?<4.L">
~;;/~/8/2011
,r;j1JP
GDN
Phone call to Ronnie re Dads application and Apria application (those were
when he was trying to get motorized wheel chair for Ward· both were
deadends)
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
0.30
0.50
30.00
50.00
#:
~d
~r
6/9/2011 GDN email correspondence from Archie Cheatham re concerned about "at this 0.10 10.00
time" referen.cing !'lot !loving Ward from her home 17 7
LJAe~0: /) tJe..LJJ/t.J-r fleVL!10tJt~ "
6/10/2011 GDN email correspondence from care manager re her visit with Ward and Ward's 0.10 10.00
3 sons: Ward appears very alert however sons believe that Ward may
have 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 forward
receipt for same; care manager had Tom sign an affidavit regarding the
prior receipts; care manager arranged for Molly Maids to clean house; care
manager informed Tom that the money he was holding has to be returned to
Ward's guardianship estate and he stated that the money was his and that
the friend that was holding the money for him house had been broken into
and 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 not 0.10 10.00
be reimbursed any money until he can prove what has happened with
Ward's money.
14. Helen Hale - GUARDIANSHIP Page 3
Hours Amount
6111/2011 GDN email correspondence to care manager re Arranging for a new doctor for 0.10 10.00
Ward; not confident with the doctor Ward has been seeing;
GDN email correspondence to care manager re considering a show cause for 0.10 10.00
Tom Hale for not turning over money; having trouble collecting Helen Hale's
estate (everyone in the family seems to owe money to their Mother; Ronnie
Goings owes her for two loans - $8,000 and $150,000 and says he will pay
back; 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 0.20 20.00
Travel to visit with Ward and consult with caregivers 2.00 200.00
Trip to Social Security and spoke with Supervisor to see why Social Security
has not been received yet - both Helen Hale and her deceased husband did
2.00
(71.
200.00
'r (1 J.
td t4:5
.
not 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 2.00 200.00
see 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 - 0.30 30.00
clutter is going away
GDN email correspondence from Diane re house cleaning and cost; care 0.20 20.00
manager information---.1
email correspondence to Diane re care manager information---.1
7/15/2011 GDN Phone call from care manager re she just got phone call from Tom - Ward 0.30 30.00
fainted and he is taking her to the hospital - care manager is on the way and
will call from hospital
GDN Compose and forward letter to Hale siblings re explanation and role of 1.00 100.00
guardian; Tom has agreed to de-clutter Ward's home so home can be
cleaned property and made safe for Ward; Rail Road Retirement benefits to
begin September 1st; Ward not qualified for Social Security; debts of .
Ward's children to Ward (listing each) decluttering the house and paying
debts owed to Ward will help to enable Ward to remain in her home.
7/16/2011 GDN Phone ca!l from care manager re Ward ate good breakfast - they are 0.40 40.00
keeping 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 0.40 40.00
(very few and very short visit) - Ward has wound on heel- wound care made
many attempts to reach Ward's caregiver; Tom finally came to get training
15. ,-=.---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 30.00
anything wrong - will wait to talk to attending
GDN email correspondence from care manager re Ward is still in hospital; not 0.20 20.00
talked to doctor yet; possibly just dehydrated--.1
email correspondence from care manager re talked with doctor, doctor feels
might have been a vasovagal attack which means that her blood pressure
dropped when she threw up; being discharged today 7/18/11 and Tom is
picking 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 30.00
care giver
(Y)
,~'i 7/22/2011 GDN Phone cali to care manager re (1) Tom needs to move out (2) possibility of 0.50 50.00
using Jennifer in some capacity (maybe PM) (3) Reverse Mortgage
r~ possibility (4) decluttering all house
ill
7/25/2011 GDN Visit Ward
I 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; Tom
I 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 joke
t~
.~. '
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 . 30.00
conference 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 caring
professional 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 Ward
while evicting Tom and cleaning house
8/4/2011 GDN email correspondence from D. Cheatham re her thanks for opportunity to 0.10 10.00
visit with Ward
GDN Extended phone call from David Hale re Tom in bed with Ward 24 hours at 0.60 60.00
a tirna- threatening suicide in front of her; David says all is very sick
16. Helen Hale - GUARDIANSHIP
PagG 5
_--:.H"",o=u...,.rs Amount
8/4/2011 GDN Phone call to care manager re status at the house and the need to take 0.30 30.00
Ward to LaTrevia's for respite care
GDN Phone call from care manager re medical appointment report: Dr. Shaw' 0.30 30.00
(cardia) states pressure sore gone invasive into bone; will do bone scan; 6
weeks of IV fluids
8/5/2011 GDN email correspondence to D. Cheathan re Susan or David criminal record 0.20 20.00
information
email correspondence from D. Cheatham re arrest information for Susan
and David
i
GDN email correspondence to/from D. Cheatham re Tom ordered to vacate the 0.20 20.00
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 personal
care home .
GDN ernail correspondence from D. Cheatham re Rick International has 0.10 10.00
properties valued at $1,459,578 as per tax records
8/6/2011 GDN email correspondence from D Cheatham re banking statements from 1998 0.10 10.00
through 2004; concerns about bank balance
GDN Receive and review email correspondence from R. Goings forwarding 0.40 40.00
emails by and between R. Goings and D. Cheatham re Hale finances.ln
2010; issues between siblings concerning care for Mr and Mrs. Hale
GDN Receive and review email correspondence from D. Cheatham re Texas 0.10 10.00
Land Records document re Goings, son Ricky
8/8/2011 GDN...emaii correspondence from D. Cheatham re issues with her siblings 0.20 20.00
reporting that they were told Tom would not ever be allowed to see his
mother---.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 pay
for 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 the
Court-v-t
GDN•....•.
email correspondence from D. Cheatham re her knowledge of wreck Tom 0.10 10.00
had in Ward's car (other driver at fault)
GDN/ em ail correspondence from D. Cheatham re Pete is getting the dog & cat - 0.30 30.00
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 to
stay for free in Ward's home since Tom got kicked out and Tom was the
only one of siblings to truly care for Ward· David did not offer any care for
Ward-·-.1
fimail correspondence from D. Cheatham re loans from Ward never
repaid·-.1
17. ---~----------------------.-- .. ---
rlelen Hale - GUARDIANSHIP Page 6
Hours
---:.== Amount
8/9/2011 GDN Phone call from Ronnie Goings re asking where to find Ward 0.20 20.00
GDN Phone call from care manager re Ward is full time care because of wheel 0.30 30.00
chair bound therefore will be $2,000/month; Ward is very adjusted; the
stimulation is good for her; may move to Graystone when all is settled.
GDN Visit Ward 2,00 200.00
8/11/2011 GDN Draft Visitation Schedule .3 CC. t:-lQrn ~~cif) «J
odd.... 0.80 80.00
8/15/2011 GDN Phone call to care manager're notifications of visitation
. . I
c;n ~~ ~ -0
0~
---=t l'1 0.30
,
30.00
GDN Phone call to Diane re her visit today - can go later since not noticed due to 0.50 50.00
faulty long distance calling
GDN Draft and forward by CMRRR letter to Diane, Tom and Pete re visitation with 0.50 50.00
copy to Atty Noack-May
GDN Phone call from Diane Cheatham re Ward is miserable; Ward fell out of 0.50 50.00
bed; 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 cried 0.40 40.00
the 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 her 0.20 20.00
actions
8/29/2011 ER Phone call to Dr. Uddin's office re confirm his receipt of the Amended 0.20 20.00
Physicians form to be completed
8/31/2011 GDN Phone call to Diane re status 0.30 30.00
9/112011 GDN Phone call from LaTrevia re reporting on visitation: Monday- Diane; Tues - 020 20.00
Jane; Wednesday· Susan called to say she was not coming this week;
Thurs - Pete; on witness list- they had called for names stating they were
making baskets for them; Ward was served.
9/3/2011 GDN Phone call from care manager re adjusting Diane's visit for coming week 0.20 20.00
9/7/2011 GON Phone call from O. Cheatham re status, plans, etc. 0.30 30.00
For professional services rendered 36.30 $3,630.00
Balance due $3,630.00
-----------_._._-_ _ _ _---
18. No. 403,028
GUARDIANSHIP OF § IN THE PROBATE COURT
HELEN RITA HALE § NO. FOUR (4) OF
INCAPACITATED § HARRIS COUNTY~ TEXAS
ORDER AUTHORIZING APPOINTEE COMPENSATION
FOR 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 has
j~
!. performed fiduciary services for the benefit of Ward in compliance with the Texas Probate Code, and that
(11 this request should be granted.
I
I~l
I~I It is therefore ORDERED, ADJUDGED and DECREED that compensation in the sum of
I
(~ $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 Pevey
1001West Loop South, Ste. 809 RECORDER'S MEMORANDUM:
Houston TX 77027 At tM t!mo 01nK:Ordallon, this Instrument was
found to bD Inadequate 10f Ihe I)es photographlo
reproduotlon beoauBa of IIIDglblllty, carbon or
photo copy, d!'COOfIlO paper, etc. AU bloekOutB,
addition. and chanQet were prBfl.lnt al tha time
the Instrument WBS Illed and rllconled ..