Demanding Accountability

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A Dirty Rat Attorney,
and Life-Sucking Agency
in Oregon?

Editor’s Note: Recently, the US~Observer was contacted by Henry and Linda Ebert of Southern Oregon who relayed a story of elder abuse, foster profiteering, family rights violations, and of an attorney who did everything he could do to keep the progress of their case at a standstill - even sabotaging it completely.

The US~Observer will be investigating these claims. Should you have any information on Living Case Management (D.D. Services), Oscar Nealy, or SPARC call 541-474-7885.

Dear Editor:

Lila Newheiser requested several times for us, Henry and Linda Ebert, to obtain guardianship of her 40-year-old son Franklin Newheiser who has Downs Syndrome, because Lila had failed to appoint Henry as guardian in her living trust or will.

Fred is currently in foster care and was living with foster care provider Marie Shepherd when Shepherd refused to take Fred the four blocks to Beacon House of Rest where Lila resided, with the exception of when Lila was first admitted there. Also, Community Living Case Management, formerly know as D.D. Services of Josephine County, refused to promote and enforce reasonable visitation as they said they would. Lila had severe short-term memory loss & osteoporosis. Lila even kept falling out of her bed looking for Fred. Lila fractured her shoulder on 4/5/05 while doing this. After picking her up at the hospital ER after treatment, we phoned SPARC where Fred worked.

Lori Briggs tried to refuse a visit between Lila & her son but then reluctantly allowed 5 minutes. Fred & Lila were ecstatic to see each other. This lack of visitation with Fred was causing Lila & her family much stress & hardship. The Eberts had tried every avenue to resolve this to no avail! Unacceptable mental abuse was being done to 83 year-old Lila & Fred. Therefore Henry & Linda Ebert petitioned the court for guardianship not conservatorship of Fred through attorney Oscar Nealy of Grants Pass, Oregon.

Lila’s mental & physical health continued to deteriorate. She was admitted to Hospice 6/1/05 & still no visits from Fred until the Hospice nurse called Shepherd. Shepherd brought Fred to see Lila a few times in June then stopped for 2 months until Ombudsman person, Mrs. Scott, got involved in the last week of August 2005.

After Fred was served with guardianship papers that he could not read or understand, Shepherd refused Linda Ebert to take Fred to visit his mother as in the previous year, 2004. This refusal seems to be about control & being paranoid of the Eberts moving Fred and causing her loss of income. We had no intentions or plans to move Fred, as he seemed happy there. This was a very cold uncompassionate criminal thing to do to both an elderly dying woman & a Downs Syndrome adult. This is descriptive of mental cruelty done by Marie Shepherd, D.D. Services, & Lori Briggs at SPARC Enterprises. They all did not promote family relationships. They are anti-family in this. How many families have they damaged & how many in the future could be if this is not stopped?

Oscar Nealy contributed to this by ignoring false statements (brought to his attention by Henry Ebert) in objection letters to the court by Shepherd, Danielle Crowder of D.D. Services, & Lori Briggs at SPARC, who all stated that Fred does not want his brother, Henry, to be a part of his life, etc., but he adores his mother. Fred is very happy to see us, hugging us when we visit him at SPARC & elsewhere! There are many witnesses to this fact. Nealy treated these letters to the court as gospel truth. This shows poor judgment & incompetence! One example of this is a quote from Shepherd’s letter to the court, “We all had the best time in the rain. We were all dripping wet eating our lunch soaking wet.” This statement should have been a red flag to Nealy. A picnic in the rain is not something a prudent care provider would do in charge of someone like Fred who has frequent head colds & ear problems. Furthermore, Nealy’s office failed to notify the Eberts of a 7/14/05 objection hearing. Nealy lied to the Oregon State Bar, falsifying a phone message from Linda Ebert that was to have occurred less than 3 hours before this hearing stating Henry was in Sparks, Nevada! The court records state the Eberts were not notified of this hearing.

Nealy did not keep the Eberts informed of the progress, etc. of case #05P0131. Shortly after notifying Nealy that Lila was dying, the Eberts were notified by phone by Nealy’s office that a rescheduled objection hearing for 10/4/05 was cancelled, which proved out later to be another ploy to deceive us. We didn’t find out until August 2, 2006 (nearly 10 months later) through attorney Loren Huertz that Nealy, without our knowledge or consent, dishonestly and illegally got a Judgment of Dismissal closing this case! Upon Huertz showing us this on the remote case register computer printout, we were shocked beyond belief. Dismayed that Nealy sold us out while Lila was on her death bed (deceased 10/7/05), Huertz informed us that we would have to start over again at great expense to us.

We feel betrayed by Nealy. This was a premeditated cold uncompassionate immoral & criminal thing to do. Where are the laws, safety nets that protect the elderly, people like Fred & their families? As Lila would say of this, “A Dirty Rat Attorney…” It looks to us like Nealy took a bribe. Who & or what influenced Nealy to do such an underhanded dastardly deed? Henry Ebert had implicitly told Nealy to put this case on hold!! Nealy lied to the Oregon State Bar in writing that we were all in agreement to dismiss this case. The main objector was paranoid Shepherd who thought she would lose income if the Eberts were granted guardianship of Fred.

Per the Oregon State Bar, there are implications of 8 RPC code violations against Nealy who recently submitted his resignation to the Oregon Bar. For more information please contact Oregon State Bar (800) 452-8260. We pray for justice. Re-open this case.

The Eberts

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