March 3, 2005

Judge Eric R. Harrington

10th Judicial District Court

P. O. Box 775

Natchitoches, La. 71458-0775

Dear Judge Harrington:

I am enclosing a copy of a letter sent to Mr. Robert Seemann, Director Elder Protective Services, from Dr. Harry Baxter. Dr. Baxter is the brother of August Baxter. Dr. Baxter's letter alleges that Mr. August Baxter is being exploited, isolated from social contacts, neglected and becoming suicidal. Because of the seriousness of these allegations, an investigation was conducted by Mr. Gene Hinton of this office. Mr. Hinton's investigative report is also enclosed. Lastly, I have enclosed a copy of Mr. Seemann's reply to Dr. Baxter. I am mailing you these items so that the court will be aware of Dr. Baxter's letter and the results of the investigation.

If this office can be of further assistance to you please feel free to contact me or Mr. Hinton at the address shown above.

Sincerely,

 /s/ Clara Farley, RSW

Adult Protection Supervisor

 /s/ Gene W. Hinton

Adult Protection Specialist, III

Mr. Robert J. Seemann, LCSW

Director, Elderly Protective Services

Governor's Office of Elderly Affairs

P. O. Box 80374

Baton Rouge, LA 70898-0374

Dear Mr. Seemann:

I am writing to ask for your support in protecting my brother August C. Baxter of 1507 Barclay Drive, Natchitoches, Louisiana, 71457.

In 1997-98 my brother had two or three strokes that severely damaged part of his brain. There was no great loss of physical function, but his ability to read, write, see, hear, and think was severely changed. He was treated and released from the hospital in Natchitoches and was thereafter cared for by his third wife, Luella Lewis Baxter of the same address. In June of 2002, Luella became terminally ill and died on June 14, 2002. The day before her death, her son, Robert Lewis of Overland, Kansas, obtained power-of-attorney from his mother and wrote a new will for her claiming my brother's separate property as community property. On the same day, June 13, 2002, by illegal/legal and highly unethical maneuvering he had himself appointed my brother's attorney-in-fact with a durable power-of-attorney. A few days after his mother's death, Mr. Lewis wrote a new will for my brother, including himself as a legatee, and later adding a codicil to the will appointing himself Curator in preparation of eventually having my brother interdicted. He was aided in these activities by the attorney for his mother's estate, Dee Hawthorne of the same city. Luella Baxter was too ill to sign her name correctly as she lay on her death-bed. She signed some of the papers with an "X" and others with her name misspelled. My brother, in his incapacitated condition at the time, would sign any and all papers placed in front of him and then ask, "What did I sign?" It was apparent from later conversations with him that he was never fully informed of the contents of the documents he signed.

After the death of Luella L. Baxter, bank accounts and other assets were commingled by Mr. Lewis and bills were paid from "joint assets" despite a well known and duly recorded prenuptial agreement stating that all income, debts, and assets were to remain separate throughout the marriage. This agreement was meticulously observed without modification by my brother and his wife during their 24 year marriage. After Mr. Lewis took charge of all existing moneys, other assets, and the approximately $5,000 monthly income my brother receives from various retirement funds, he proceeded to move his niece and her husband from New York State to Natchitoches, Louisiana, at my brother's expense, and to install them in his home, ostensibly to become the resident caregivers. The niece and her husband attend Northwestern State University full time and have left my brother alone a great deal of the time. His master bedroom and bath were taken over by the couple and my brother was relegated to a small study without a bed or closet where he sleeps and naps on a recliner or daybed among his pile of clothing and spends most of his hours in the room. His recliner, daybed, and wall-mounted TV, which he cannot see or hear, and his books, which he can no longer read, are now his day and night surroundings. His work shop in the backyard is filled with power tools which he should not use unsupervised, but is allowed to do so unattended. His small room and the workshop are essentially as far as his world extends. In addition, I have great concern that the meals being provided him by the "caregivers" are inadequate for his nutritional needs and that he is not getting adequate exercise since he is not permitted to take the long walks he previously took with his wife before she became ill. I feel that my brother is being exploited, kept from most social contacts, his friends no longer are invited or welcomed, and both the Masonic Lodge and church activities have been eliminated. My brother's long distance telephone service was discontinued and all phone calls are screened. Frequently, he is not allowed to speak to friends who call on the pretext that it "might upset him" or "he can't communicate on the phone." He cannot hear his phone ring and it is not always answered by the caretakers because, "We know its not for us." Some messages left on the answering machine are returned and some are ignored. He cannot place his own calls and tells me they refuse to place them for him. He can see his sons only on "supervised" visits. Thus his isolation is virtually complete. On a recent visit to see my brother my wife and I took him to dinner. When we returned, the house was locked and we were unable to gain entrance. After waiting an hour or so, the caretakers finally returned from a family party in Shreveport. My brother was extremely distraught at being locked out of his own home.

Over the past two years, my brother has become increasingly alert and aware of the extent of his exploitation. As he recently said, with considerable agitation, he thought he had allowed the niece, his former step- granddaughter to move in "as a gratuity"--to help him out in exchange for providing them a temporary place to live while they were in college. He also said he had no idea he would be supporting them or that they would be taking over his home for their own use. As he became more aware and started asking for an attorney, the former stepson, his attorney-in-fact, had him interdicted, invoking the fraudulent codicil requesting that he be appointed Curator. The family is appealing the appointment through the Court, but legal procedures take time and I am appealing to you now as I am very apprehensive and disturbed by my brother's increasing suicidal comments and frequent pleadings for help in getting "those people" out of his house. I feel that it is imperative that he be given relief from the situation immediately.

My brother does not need these outsiders whom he barely knew before they took over his life. His own family is well able and willing to assume responsibility for his care. In addition to me, his only sibling, his family consists of two daughters by his first marriage, both living in California, and two sons from the second marriage who live in New Orleans. In retaliation for reporting the suspected abuse of his father to the police, one son has been forbidden entry to his father's home by a letter which my brother purportedly signed but has denied any knowledge of. The letter specifies exceptions for visits with "permission" which are not allowed by the law cited in the letter. In the opinion of legal authorities, neither retailiation nor the exceptions cited in the letter are legal and to avoid compounding this travesty of justice by honoring this illegal document, the son has not entered his father's home since July, 2002, much to my brother's expressed disappointment and unhappiness..

My brother's income is being spent almost entirely for the benefit and welfare of the caretakers and his assets have gradually diminished. I believe that the proper answer to my brother's physical wellbeing, social intercourse, and monetary issues would best be served by having his sons take over the care of their father as they would give him the love, respect, and support that he so richly deserves in this phase of his life. One son's consulting business would allow him to move into the house and continue his work from there as he cares for his father. Since he would have his own income, this son, Eric C. Baxter, would not only be self-supporting but would contribute to the household expenses, relieving his father of some of his living expense instead of draining him of his resources as is happening under the present arrangement. Also, Eric is the family member most knowledgeable about his father's needs and interests since he has spent the most time with him. In addition to his childhood years, the two of them lived alone most of his teenage years while his mother was away in graduate school, and several more years while he attended college. Eric shares many of his father's interests and talents, from wood-working to philosophy, and could provide him with the shop supervision as well as the intellectual stimulation and adult conversation he so desperately needs but is presently being denied. This arrangement would most likely have been my brother's preference had he been allowed a choice in the beginning.

I understand that your agency has previously made some home visits, but they were insufficient to observe the ongoing problems in care giving and financial mismanagement that currently exist at 1507 Barclay Drive, the home of my brother, which has been taken over by the interlopers to benefit their present life style with specific plans to claim ownership of the house in the future. My brother has become somewhat aware of their machinations to obtain ownership, which is adding to his distress and his fervent desire to get them out of his home, now. Your help in stopping this abuse of my brother and correcting this situation at his home by replacing his present caregivers with his sons will be deeply appreciated by his family and by me personally.

If further information is needed, I can be contacted at the above address and telephone numbers. The sons can be reached as indicated below. Thanking you in advance for your service, I am

Respectfully,

Harry R. Baxter, M.D.

cc: Mr. P. F. Arceneaux, Executive Director, GOEA

       Mr. Paul Flemming, Chairman, La. Ex. Board on Aging

       Ms. Clara Farley, RSW, EPS Supervisor, Shreveport

       Mrs. Lois Simpson, Ex. Dir., The Advocacy Center

       Rep. Joe Salter, Speaker of the House

       Eric C. Baxter                                    John B. Baxter
       2613 Dauphine                                1127 Congress Ave.
       New Orleans, LA 70117                 New Orleans, LA 70117
       Tel.: 504/945-6285                           Tel.: 504/949-2053  

NAME August Baxter CLIENT ID #________________

I. BRIEF DESCRIPTION OF ALLEGATION

Elder's bedroom has been taken over by his caregivers forcing the elder to sleep in a small study on a daybed. Elder has a workshop full of power tools which he is allowed to use unsupervised. Elder is too demented to use tools of any kind without supervision. Food elder is given may not fulfill his nutritional needs. Elder does not get adequate exercise. Reporter feels the elder is being exploited, kept from social contacts, friends are no longer invited to see him or made welcome, Masonic lodge and church activities have been eliminated. Elder makes suicidal comments and pleads for someone to help him get his caregivers out of his house.

II. INVESTIGATION FINDING:

Investigation has revealed the following allegations to be substantiated: 1) Elder does have a workshop with power tools and he does use these tools unsupervised, elder is probably too demented to use tools unsupervised; 2) Elder is left alone for short periods of time, usually no more than one hour. The following allegations were found to be unsubstantiated: 1) Elder has not been forced to sleep in his study on a daybed, he was doing this by preference before his caregivers moved in with him; 2) Elder eats a good diet, he has been seen by a home health agency for almost one year, the home health agency has not reported any problems with his care; 3) Elder constantly says he want to do hard work such as chopping wood but because of his advancing dementia and health problems should not be allowed to do hard work; 4) Nothing was found to substantiate the allegations of the elder being exploited or of the elder being isolated from social contacts, the Masons or church; 5) The elder has been making what some would call suicidal comments for almost 20 years but never has a plan to accomplish his own demise.

III. COLLATERAL CONTACTS (USE ATTACHED SHEET)

IV. INVESTIGATION ASSESSMENT

A. EVIDENCE SUPPORTING (OR REFUTING) NEED FOR PROTECTIVE SERVICES.

Statements from the reporter, Mr. Baxter, Eric Peters and Robert Lewis and visual observation by this investigator.

B. PERPETRATOR INFORMATION (ACCESS TO CLIENT, ETC)

Perpetrators are elder's live in caregivers, Eric and Senneca Peters and his temporary curator, Robert Lewis. The Peters have constant contact, Mr. Lewis has frequent contact with the elder.

C. RISK OF HARM L0W_____ MED_____ HIGH __X__

COMMENTS: Rated as high risk only because perpetrators live with the elder.

D. ADULT CAPACITY TO MAKE INFORMED DECISION

ADEQUATE ________________ INADEQUATE, MENTAL CAPACITY ASSESSMENT NEEDED XX

V. INVESTIGATION DECISION ACTION TAKEN

____SUBSTANTIATED, CONSENTS ______CASE CONT'D FOR SERVICES

X SUBSTANTIATED, LACKS CAPACITY CASE CLOSED

____SUBSTANTIATED, NO SERVICE NEEDED ______DATE INVEST. COMPL.

____SUBSTANTIATED, COMPETENT/REFUSES ______DATE REPORTER NOTIFIED

____UNSUBSTANTIATED

____UNSUBSTANTIATED, WITH CONCERNS

____UNABLE TO LOCATE

____DECEASED

VI. TENTATIVE PLAN TO PROTECT ADULT

Elder's caregivers and curator have agreed to adjust schedules so that the elder is never alone. Elder's power tools are being disabled so that they no longer function.

DATE February 28, 2005

CASEWORKER /S/ Gene W. Hinton

SUPERVISOR /S/ Clara Farley

DATE February 28, 2005 

February 28, 2995 (sic)

Harry Baxter, M. D.

1051 E. South Ridge Road

Brownstown, ID 47220

Re: Mr. August C. Baxter

Dear Dr. Baxter:

This office has received your February 7, 2005 correspondence regarding your brother, Mr. August C. Baxter. The EPS Shreveport Office has reopened and investigated this case based on your complaint.

EPS has no other legal authority to pursue this case any further. If you disagree, I would suggest you pursue this through civil means with your personal attorney.

Sincerely,

/s/ Robert J. Seemann

Robert J. Seemann, LCSW

Director, Elderly Protective Services