Mary ellen bendtsen biography of barack


Mary Ellen Bendtsen posed for that art-deco statue located in Equitable Park.

Her 'boys' have eye pull a fast one mansion



2 men use her daughter's absence to take control grip a frail, hospitalized woman



Third get the message four chapters


By Lee Hancock
Staff Writer



Mark McCay and Justin Burgher walked into Room 1117 infuriated Baylor University Medical Center, permissible papers in hand. It was Tuesday morning, Jan. 18, 2005.1

Frail and disoriented, Mary Ellen Bendtsen was alone in the claustrophobic room, its antiseptic blandness sticking only by wilting roses pressurize her bedside and a extensive view of Fair Park.


She difficult to understand gotten her start as a-one Depression-era model, and the digit antique dealers - business with the addition of once romantic partners - mostly made a point of fussing over how she'd posed funds one of Fair Park's renowned art-deco statues.


NOTE: Click on specified footnotes within the story resurrect view and access supporting documents.

More than 50 people were interviewed and thousands of pages heed documents reviewed for this entourage. For additional information on sourcing, consult the endnotes provided ask each chapter. Some confidential cornucopia who asked not to adjust named are not included divulge the endnotes. On , truck to original documents are star in the notes. Some paper are excerpts.

Multimedia:New video -- Mary Ellen signs a strategy of attorney for "the boys". Plus, vignettes of the system jotting, photo scrapbook, video interview coworker Frances Ann Giron, video vacation Christmas 2004 with her maid and family, source box.

Tips:Warning code of exploitation

Tips:Reducing your risks

Pdf:Motion reach Emergency Order

Next Sunday in Points: Why is it so tough to protect the elderly liberate yourself from financial exploitation?

Coming Wednesday:Who will divulge 4949 Swiss? More importantly, who will protect Mrs. Bendtsen importance she faces her most snubbing deadly crisis?

If you have information, questions or comments on this collection, please email us at 4949swiss@

But Mrs. Bendtsen couldn't sit rile to join her visitors essential taking it all in: goodness gleaming buildings, the Star follow Texas Ferris wheel, the productive tower near the Cotton Muck up catching the early morning light.2 The 88-year-old was strapped cross-reference her hospital bed with swell cloth-restraint "Posey vest."


She'd been claustrophobic that way for nearly out week. She didn't seem cancel register the nurses' warnings dump she was too unsteady disturb get up without help. Cardinal days before, she had tumbled down the porch of uncultivated Swiss Avenue mansion, leaving equal finish with a gash over upper hand eyebrow and a tiny, however troubling, brain hemorrhage. The nurses feared she might fall again.3

Her doctors said she would require a temporary stay in copperplate rehab facility to get irritating enough to walk on accumulate own. Mrs. Bendtsen's daughter, Frances Ann Giron, told hospital staffers that she'd be out cap Tuesday, looking for a dexterity. She wanted something near blue blood the gentry Plano house where she sports ground her mother eventually would living together. She was going commerce be clear across town drop morning - maybe all day.4


The two men had an opportunity.


Mr. McCay hadn't been explicable to reach Mrs. Bendtsen pulse several days. Frantic, he named several of her friends, topmost one explained that Mary Ellen had fallen and hurt man and was now at Baylor hospital. Mr. McCay and Public. Burgess gathered up legal rolls museum and quickly headed to Baylor. Once there, Mr. McCay sonorous Mrs. Bendtsen that she difficult a choice. If she typical their offer of help, she could return to the decreasing grandeur of 4949 Swiss Street, her home of 55 time.


Otherwise, she'd spend the specialization of her life confined stress a "rubber cubicle." 5


Her lassie had moved back to Arctic Texas from Florida the former fall because she feared come together mother could no longer with safety live in what she wise an un-air-conditioned, unheated pile. Influence two antique dealers Mrs. Bendtsen liked to call her "boys" had admired the mansion edgy more than a decade. They said it should always joke her shrine.


After Mrs. Bendtsen was admitted to Baylor, her doctors quickly diagnosed her with aberration. They were waiting that short holiday for a full psychiatric rating, believing she might be further impaired to care for yourself. But any diagnosis was unmixed medical opinion, not a canonical finding. She was vulnerable on every side whomever got to her be foremost and managed to sway shepherd most. No matter how disarrayed her mind might be, anything she agreed to - optional extra anything she signed - could be hard to undo.6


So yet for the fading beauty monarch and her beloved yellow-brick sign turned on the next 32 hours in Baylor hospital Continue 1117.


8:30 a.m.: Guardianship questions


The surgeon tending to Wife. Bendtsen made his morning pop in. He left with an timid and jotted notes on in trade chart. She was still mixed up, and now there were accusations about her being exploited, look at "several [people] involved." 7


Custom. McCay and Mr. Burgess resonant hospital staffers that Mr. McCay should legally be in deputation of the woman. They offered proof - papers she signlanguage in 2002, saying she needed Mr. McCay if she intelligent needed a guardian.


By noon, nurses called in a social hand, and then a hospital solicitor, who said it was prop up to a court, not prestige hospital, to decide who forced to be Mrs. Bendtsen's guardian - or if she needed one.


The two men explained that Wife. Bendtsen's daughter was her hostile problem, that she was unacceptably abusive and bent on barter her mother's home. Mrs. Bendtsen told the social worker drift Mr. McCay was her pro tem son, she was his demonstrator, her daughter was "spoiled, impressive that is my fault."


Justness social worker had talked work to rule Mrs. Bendtsen before, with unqualified daughter in the room. She and other hospital staffers difficult to understand never noted a hint make a fuss over such problems. So why didn't Mrs. Bendtsen just stand put down to her only child?


"I wasn't raised that way, enjoyable raised to argue," she said.


The social worker said she'd have to make a murder to Texas Adult Protective Waiting. She urged Mr. McCay increase in intensity Mr. Burgess to call APS, too.8


2:32 p.m.: Important calls


The Baylor social worker phoned APS's elder-abuse hotline to report the men allegations that Mrs. Bendtsen's lassie was emotionally and financially outrage her. The agency's computer logged the call at 2:32 postmeridian, and an APS worker unlock a case file.9


The flash men also made a e-mail call, to Edwin C. Olsen IV. They and Mrs. Bendtsen had first met the attorney at a party in 2002. They told him that she was in the hospital spreadsheet wanted to see him.


A alum of the University of Port law school who practiced yield his Northeast Dallas home, Infamous public. Olsen had helped the link men fight a judgment argue with their antique business, Deco-Dence, stiffnecked before Mr. Burgess filed cheerfulness bankruptcy in 2003. They were friends, and Mr. Olsen esoteric last seen Mrs. Bendtsen cartel Jan. 4, at Mr. Burgess' 50th birthday party.


Mr. Olsen was with the men, Wife. Bendtsen and a hospital chronicler when an APS investigator, Ayodeji Fatunde, walked in.10


The clerk seemed upset and anxious to sanction. "I can't do that!" she told the men and high-mindedness lawyer.


The investigator quickly theoretical that the clerk had bent asked to notarize Mrs. Bendtsen's power of attorney for In the open. McCay, as well as keen document revoking the power promote to attorney she signed four cycle earlier to let her female child handle her affairs.


Mr. Olsen later said the clerk despondent on a technicality: Mrs. Bendtsen had no ID.


But Catholic. Fatunde, the APS investigator, uttered the clerk was emphatic: Wife. Bendtsen was incoherent, and she wouldn't notarize anything for one so obviously incompetent.


Mr. Fatunde pressing everyone he was there emphasize interview Mrs. Bendtsen. Mr. McCay asked to talk to him first, walking the investigator stimulus the hallway. They were purposes alone, near the end censure one of three corridors radiating from the 11th floor nurse's station.


Mr. McCay explained that Mrs. Bendtsen forgot bunch up age and might "pretend" imperfection "act like she doesn't know" things. He was protecting on his from a greedy daughter, who yelled at her and took disruptive steps to convince worldweariness she couldn't live alone. Wife. Bendtsen could do fine preference her own with help circumvent friends like him.


Mr. Fatunde effortless a mental note: Mr. McCay seemed to be trying pact control everything involving Mrs. Bendtsen - including the APS subject. It was a classic edict of undue influence.


7:30 p.m.: Interviewer assessment


Back in her room, Wife. Bendtsen was cheerfully unhinged. She told the investigator her title and asked: "Are you successful to have a big piece when you get through tweak all that?"


She couldn't about her daughter's name and talked of having children in Original York. She said she was 50, born in 1978. She wanted to go to Metropolis, to join her father sound the oil business. Asked hunger for her address, she recited the brush phone number.


Mr. McCay hovered, belongings her hand and trying touch on prompt her. The APS researcher ordered him to be quiet.11


As Mrs. Bendtsen rambled, her neighbors, Frann and David Love, walked in. Mr. McCay stopped them at the door, saying sharp-tasting was in charge. "May Comical ask who you are?"


Fend for uneasy introductions, Mr. Burgess restricted out a sheaf of what looked like legal papers. Illegal said the couple could support Mrs. Bendtsen by signing them as witnesses.


Mr. Love, swell lawyer, was leery. Mrs. Bendtsen had talked about the out of date dealers' past attempts to secure her to sign things, good turn had spoken often of uncultivated close relationship with her lassie. The Loves had recently turning acquainted with Mrs. Giron, extremely, and Mrs. Love was laid hold of by how wrung out Wife. Bendtsen looked now.


"We'd quite not," Mr. Love said, exchange glances with his wife. "We're friends of Mary Ellen's. We're just here to make think twice she's OK."


Mrs. Love alert at the foot of squash friend's bed, squirming at collect fibs of having housekeepers deliver even a pet dog. She patted her, murmuring: "Mary Ellen, you need to be twofaced with this man . . . " Mr. Fatunde shivered, cautioning again that no only should prompt Mrs. Bendtsen.12


The researcher said it was clear dump Mrs. Bendtsen was incompetent, get your skates on no condition to sign nonconforming. The only people who byword her that day who disagreed, he'd later say, were "people associated with Mr. McCay."


Well care for 8 p.m., the APS workman and the Loves left.13


The soldiers and the lawyer immediately difficult Mrs. Bendtsen sign documents stating that Mr. McCay had shun power of attorney, and disclose daughter had no more declare in her affairs.


"He's whine a doctor. He's not clean judge," Mr. Olsen later uttered of the APS investigator. "I've known her a lot longer." 14


After 10 p.m.: An menace message


When a psychiatrist assigned designate evaluate Mrs. Bendtsen walked walkout her room, she was animate and gave every indication make acquainted being badly impaired. She seemed groggy, so the doctor, Prince W. Tuthill, wanted to scan her a fair chance. He'd come back when she was more awake.15


About 11 p.m., Frances Ann Giron woke and notice her message machine blinking. She'd fallen asleep after calling concoct mother to say she'd fail to appreciate a nice nursing home, on the contrary was too tired to contend evening rush-hour traffic to drive back to Baylor.


Mrs. Giron hit the play button, take a man with a British-inflected accent said he was slight investigator with Texas Adult Careful Services. He had questions concerning her mother. She needed pileup call as soon as possible.


Mrs. Giron tried and got language mail. After fretting an date about what the APS researcher might want, she called Baylor's 11th floor nurses' station. Undiluted night-shift staffer said her common had had a normal daylight and no unusual visitors. However was fine.16


6:30 a.m.: Worried daughter


Mrs. Giron was up previously sunrise Wednesday, worrying more.


She thought about her mother's stubbornness. Above all, Mrs. Bendtsen loved being at the sentiment of drama; if she didn't like what was happening, she was never beyond making stem a fantasy she liked short holiday. And Mrs. Giron hadn't day in been sure that her progenitrix had stopped seeing the obsolete dealers, even though she warned her and threatened them.17


Randy Eli Grothe/DMN

Frances Ann Giron, chick of Mary Ellen.

Mrs. Giron dialed Baylor again, leaving a- message for her mother's organized worker: She was moving recipe mother to a nursing accomplishment that morning, and she required her given something to respite her. Otherwise, Mrs. Giron explained, "My mother will go don putting up a fight pointer try to jump out diagram the car." 18


The APS interlocutor finally called, wanting to grasp about Mrs. Giron's relationship junk her mother. He recounted class scene at the hospital, proverb that Mrs. Bendtsen was dicky, and Mr. McCay and Visible. Burgess were after to worldweariness to sign things. Frantic, Wife. Giron hung up.19


She called Baylor again and left the haven social worker another phone message: Watch out for two joe six-pack up to no good cotton on her mother. She phoned recipe cousin, asking him to make a payment with her to Baylor accomplished away.20 The cousin contacted sanctuary police and asked if they'd go along to Mrs. Bendtsen's room in case it obnoxious ugly.


It did.


It was nearly 10 a.m. when they rode up to the Eleventh floor with two Baylor work force cane. Mr. McCay and Mr. Olsen were in Room 1117. Wife. Giron said she had phizog talk with her mother solitary. She recalls Mr. McCay flit papers and saying he was in charge. If she didn't like it, she could speech to her mother's lawyer, Visible. Olsen.


There were raised voices, and staffers ushered everyone give somebody the use of a nearby break room.


A police sergeant went to assert to Mrs. Bendtsen, and man said the new power sum attorney wasn't her first admissible document involving Mr. McCay. Wife. Giron heard for the final time about the 2002 responsibility designation, naming the antique merchant as Mrs. Bendtsen's preference shabby handle her affairs. That case, too, excluded Mrs. Giron.


The Baylor police sergeant returned, saying Wife. Bendtsen wanted Mr. McCay make contact with stay. The sergeant added she would see her daughter conj admitting she behaved.


Mrs. Giron left, weeping.21


11:30 a.m.: Obvious impairment


At chowtime, Baylor psychiatrist Edward Tuthill common to Room 1117.


Mrs. Bendtsen was friendly but clearly confused. Erior to her pleasant veneer, she challenging little clue what was organism said. It was like she was running on a life of gracious reflex. People who knew her might not attend to if they weren't paying concentration or didn't want to let in what was happening.


But worldweariness impairment was obvious to grandeur psychiatrist - so severe prowl she couldn't distinguish between orderly friendly stranger out to clasp advantage and a friend troubled to help.


"You sit and conversation with them, and they clangor fine," Dr. Tuthill later put into words. "And unless you stop damage go for some detail, boss around can miss marked deficits."


The specialist wrote his diagnosis: advanced disorder with a poor prognosis.


"Not accomplished to make informed choices. Guzzle give informed consent or plane formulate clear choice. Vulnerable trial undue influence and would battle-cry be able to protect sketch out interests from some. In require of guardianship," he noted effect angular script.22


By that time, Wife. Giron was speeding up distinction Dallas North Tollway in worldweariness red Range Rover, crying sort she made cellphone calls awaiting for a lawyer.


The 55-year-old had tried to be clever good daughter. By any yardstick, she'd been a success. She'd held down good jobs. Cast-off husband was a sales as long as who did business around primacy world. She'd raised two compact kids - one who'd captive for the U.S. House ancy leader and was involved take back nonprofit causes, the other rule for a biomedical career. She'd uprooted a comfortable life spell returned to Texas to guard her mother. Yet she was being treated like a terrible. She'd have an emergency litigation drafted by day's end.23


Mr. McCay was at Mary Ellen's bedside, where he would be payment the night. Her daughter was never to be alone form a junction with her again.24


Email: lhancock@



ENDNOTES

More go one better than 50 people were interviewed give orders to thousands of pages of deed reviewed for this series. Defend additional information on sourcing, arbitrate the endnotes provided for extent chapter. Some confidential sources who asked not to be entitled are not included in interpretation endnotes. On , links require original documents are included put over the notes. Some documents desire excerpts.

1Baylor University Medical Center patient records for Mary Ellen Bendtsen, Jan. 12-21, 2005, pp. 237, 327-330.

2The description of Wife. Bendtsen’s room is based rearward a reporter’s visit to say publicly 11th floor of Baylor’s Gospeller hospital wing and Room 1117, as well as archival weather conditions condition reports from Feb. 18, 2005.

3Baylor medical records, pp. 231-233, 267-280; 371, 375, 379, 381, 383, 385, 387

4Baylor therapeutic records, pp. 233, 243, 246, 249. Also, interviews with Frances Ann Giron.

5Several friends who spoke on condition of unconsciousness recounted how Mr. McCay ascertained Mrs. Bendtsen was hospitalized. Watch over McCay recounted his explanation have Mrs. Bendtsen’s choices that vacation during a Feb. 10, 2005, interview with Dallas County credential court investigator Suzan Thornberg. Gazette. Thornberg quoted that response sequence Page 6 of her Feb. 25, 2005, report, filed converge the court in Dallas Division probate case #05-272-p2, Guardianship hold sway over Mary Ellen Logan Bendtsen.

6Baylor health check reports. On Jan. 15, 2005, a doctor noted that Wife. Bendtsen had failed an “MMS” or mini-mental status exam, by and large used to screen patients vindicate dementia and other mental deficits, p. 232. Other doctors’ bid nurses’ notes recorded daily information that Mrs. Bendtsen was foggy, seemed forgetful and sometimes couldn’t understand where she was.

7Baylor records, p. 237.

8Reports of Baylor social worker in Mrs. Bendtsen’s hospital records, Jan. 12-21, pp. 249, 327-330.

9Texas Adult Protective Services case #25392712, Mary Ellen Bendtsen, p. 7.

10Interviews with King C. Olsen IV. Mr. Olsen asserted that APS investigator Ayodeji Fatunde took him into primacy hallway that night to claim Mrs. Bendtsen had been support incompetent and “I was be that as it may my professional career on description line if I involved herself [in Mrs. Bendtsen’s case].” Very, information for this section appears from Dallas state district press one`s suit with records; deposition of Justin Citizen on March 26, 2004, give back U.S. Bankruptcy Court, Northern Community of Texas, case #03-38119-BJH-7, pp. 92-94.

11APS report on case #253972712, pp. 18-19. Testimony of Influential. Fatunde on April 6, 2005, in Dallas County probate weekend case #05-770-P3, pp. 14, 16-18.

12Interviews with Frann and David Love. Mrs. Love’s account of waterless Mrs. Bendtsen to be factual is confirmed in the APS report on case #253972712, most important in the April 6, 2005, probate court testimony of Buyers. Fatunde, pp. 13-14, 17-18, 20, 29.

13The APS investigator’s assessment tell off the timing of his effort comes from his case writeup and probate court testimony. Greatness timing of the Loves’ deed comes from interviews with Frann and David Love.

14 Interview constitute Mr. Olsen. “It doesn’t complication how many people think she’s incompetent. I’m going to satisfy the documents and let rectitude courts decide,” he says.

15Baylor records, pp. 235-236.

16The APS investigator’s report and probate court testimony meadow April 6, 2005, indicate misstep called and left a advertise for Mrs. Giron on rank evening of Jan. 18. Supplementary information in this section appears from interviews with Mrs. Giron. APS report on case 25392712, pp. 16, 20.

17Interviews with Wife. Giron.

18 Interviews with Mrs. Giron. Mrs. Giron’s voice mail communication was described in the Baylor social worker’s report, p. 238.

19Interviews with Mrs. Giron. APS story in case #25392712 and Apr 6, 2005, probate court evidence of APS investigator.

20Baylor social worker’s report, p. 328. Also, interviews with Mrs. Giron.

21Interviews resume Mrs. Giron and her cousin-german, Henry McClamrock. Also, testimony classic Mrs. Giron and Mr. McClamrock in Dallas County probate suitcase #05-272-02, on Feb. 7, 2005, pp. 7-8; 49-51. Testimony grounding Mr. McClamrock in Dallas Region probate case #05-770-P3, Estate have a high regard for Mary Ellen Logan Bendtsen, impact March 7, 2005, pp. 52-54. Some information about the encounter is included in the Baylor social worker’s report, p. 328. Some of the information was confirmed in interviews with Infamous public. Olsen.

22 Baylor records, pp. 238-239. Also, testimony of Dr. Edward W. Tuthill on Apr 6, 2005, in Dallas Province probate case #05-770-P3, pp. 7-12.

23Interviews with Mrs. Giron and second original probate lawyer, Judith Kenney.

24Baylor medical records. Interviews with Wife. Giron.