State ex rel. Smith

867 So. 2d 890, 2004 La. App. LEXIS 406, 2004 WL 384886
CourtLouisiana Court of Appeal
DecidedMarch 3, 2004
DocketNo. 38,192-CA
StatusPublished
Cited by2 cases

This text of 867 So. 2d 890 (State ex rel. Smith) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Smith, 867 So. 2d 890, 2004 La. App. LEXIS 406, 2004 WL 384886 (La. Ct. App. 2004).

Opinion

_|_1LOLLEY, J.

Catherine Smith (“Smith”) appeals a judgment of the Fourth Judicial District Court for the Parish of Ouachita in favor of the Office of Elderly Affairs for the State of Louisiana (“Elderly Protective Services”). The single issue is whether the facts and law operative herein support the interdiction judgment against Smith. For the reasons set forth below, we affirm the Judgment of Full Interdiction.

Facts

At the trial of the rule for Smith’s full interdiction, the parties declined to have the proceedings recorded by a court reporter. Because the testimony of the witnesses was not taken down in writing or recorded, and because there was no narrative of facts in the record, by Order dated October 16, 2003, this court gave Smith the opportunity to file a written narrative of facts, stipulated to and signed by counsel for appellant and appellee. The following is the parties’ Joint Stipulation of Facts:

Ms. Smith is a seventy-three year old white female. Elderly Protective Services received a report on Ms. Smith from the Sheriffs office. The report alleged that Ms. Smith was calling the Sheriffs office on a frequent basis making allegations that Ms. Smith’s niece was stealing from Ms. Smith and that these allegations were without merit.
As a result of this report, ANONA BOWIE, an employee of Elderly Protec-
[892]*892tive Services, came into contact with Ms. Smith. Ms. Bowie noticed that Ms. Smith’s tongue and face were swollen and that Ms. Smith spoke non-stop about her niece stealing from her. Ms. Smith stated that the niece climbed through a window and stole things from Ms. Smith.
Ms. Bowie asked Ms. Smith about her face and tongue and Ms. Smith stated that she had stopped taking her medication and was now “going through detoxification with supplements.”
12Concerned about Ms. Smith’s health, Ms. Bowie continued her investigation and learned that Ms. Smith had been prescribed medicine for fluid retention and medicine for diabetes, and medicine for mental health and that Ms. Smith was not taking any of these medications.
Ms. Bowie continued her investigation and learned that Ms. Smith had, in fact, been calling the Sheriffs Office on a frequent basis making allegations that Ms. Smith’s niece was stealing from Ms. Smith and that these allegations were, in fact, without merit.
Ms. Bowie continued her investigation by contacting Dr. Sunil Prem, a doctor who had treated Ms. Smith in the past. This doctor told Ms. Bowie that Ms. Smith’s failure to take her prescribed medications could result in a life threatening situation.
Because of the life threatening nature of Ms. Smith’s medical condition, Ms. Bowie went to the Coroner’s Office. Ms. Bowie explained Ms. Smith’s situation to the Coroner and as a result, the Coroner issued an Order of Protective Custody.
Under the Order of Protective Custody, Ms. Smith was involuntarily taken and admitted to North Monroe Medical Center, Transitions Geriatric Psychiatry Unit.
That defendant’s treating physician at this facility was of the opinion that Ms. Smith has a long history of mental illness; that she suffers from Schizoaffec-tive Disorder; that she was admitted to the hospital for severe agitation; that she had been calling the Sheriffs Department frequently alleging that her niece was trying to steal things from her; that Ms. Smith has a history of noncompliance with her medications because she believes she is “well” and does not need medications; that she lacks insight into her problems; that she was continuing to refuse medications; that she continues to be paranoid; that she lacks decision making capacity with regards to her treatment and is unable to appreciate the consequences of not taking the treatment and medications for her illness.
The Doctor was of the opinion that the least restrictive medically appropriate placement for Ms. Smith is Monroe Manor Nursing Home, with the condition that Ms. Smith be mandated to take all medications prescribed to her by her treating physician.
IsMs. Smith was refusing such placement and is refusing to take medications.
As a result, Elderly Protective Services filed a Petition for Ex-Parte Order to Provide Emergency Protective Services as per R.S. 14:403.2(N)(1) on March 3, 2003. A temporary ex-parte order issued compelling Ms. Smith to comply with treatment, including placement at Monroe Manor Nursing Home. A hearing was set in that matter for March 14, 2003. Judgment for plaintiff was granted at this March 14, 2003 hearing, and an Order was issued compelling Ms. Smith to comply with treatment, including placement in Monroe Manor [to] be extended for a period not [893]*893to exceed thirty (30) days as per R.S. 14:403.2(N)(2) and (F)(1)(e).
Also on this date, Elderly Protective Services filed a Petition for Preliminary and Full Interdiction. A hearing on the preliminary interdiction was set for April 7, 2003, and on that date, a Judgment of Preliminary Interdiction was granted. That provisional curator continued to maintain Ms. Smith’s placement at Monroe Manor Nursing Home. Petitioner, on April 7, 2003, filed a Motion to Set a Trial Date for the Permanent Interdiction. The court set the trial date for May 5, 2003.
On May 5, 2003, the hearing was held. Through stipulations and the testimony of Anona Bowie and Catherine Smith, all of the facts previously mentioned in this stipulation were introduced into evidence at that time. In addition, the following documents were introduced into evidence: the medical records of Catherine Smith, which includes but are not limited to a two (2) page Psychiatric Evaluation by Krishna Kambhampati, MD ... to “Elder Protective Services”; the Judgment of March 14, 2003 and the Judgment of April 7, 2003.
In addition to these facts and documents, the following facts were introduced into evidence:
The defendant’s spouse is no longer alive.
The names and address of the adult children of the defendant are Debbie Grabert, 1513 Cherry Street, Slidell, Louisiana 70460 and Barbara Johns, P.O. Box 425, Dittmer, Missouri.
The names and addresses of the nearest adult relatives are Jessie Conville, 103 Michael Avenue, Monroe, Louisiana 1471202 and Mr. and Mrs. John Dick Conville, 103 Michael Avenue, Monroe, Louisiana 71202.
Debbie Grabert, who is forty-seven (47) years old; was the proposed curator. Her domicile is Slidell, Louisiana, education is completed 11th grade and current address is 1513 Cherry Street, Sli-dell, Louisiana 70460. The reasons why the proposed curator should be appointed are: Barbara Johns, who lives ' in Missouri, is further away and all of the other relatives are not willing to take on this responsibility.
Barbara Johns was the proposed un-dercurator.
Plaintiff then rested and defendant’s attorney called Catherine Smith.

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Related

In RE INTERDICTION OF DeMARCO
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Bluebook (online)
867 So. 2d 890, 2004 La. App. LEXIS 406, 2004 WL 384886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-smith-lactapp-2004.