RETURN DATE: AUGUST 21,2012 MARJORIE PARTCH

:SUPERIOR COURT
I

J.D. OF FAIRFIELD AT BRIDGEPORT

VS. WILTON MEADOWS HEALTH CARE CENTER CORPORATION COMPLAINT First Count (Negligence)

JULY 25,2012

1.

At all times mentioned herein the Defendant Wilton Meadows Healthcare Center Corporation ,(hereinafter known as Wilton Meadows) was a Connecticut Corporation with a principal place of business in Wilton, Connecticut.

2.

Dorothy Partch was born November 29, 1929.
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3.
4.

The Plaintiff Marjorie Partch is the daughter of Dorothy Partch
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In 2004, the Plaintiff Marjorie Partch moved her residence from
I

Vermont to Connecticut to care for her mother, Dorothy Partch. 5. The Plaintiff Marjorie Partch continued to reside with and cared for her Mother Dorothy Partch at her home in Norwalk, Connecticut from 2004 until April of 2010.

6.

On February 3, 2005, the Dorothy Partch gave to the Plaintiff Marjorie Partch a durable Power of Attorney which specifically stated "this Power of Attorney SHALL NOT be affected by the subsequent disability or incompetence of the principal" (See
I I

Exhibit A annexed hereto).

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I

7.

On said date Dorothy Partch also made the Plaintiff Marjorie Partch her Healthcare Agent and Attorney In Fad for healthcare decisions. (See Exhibit B annexed)

8.

In said Healthcare Agency, she designated Marjorie Partch to be her Conservator, jf one should be needed.

9.

On April 7, 2010, after suffering a major stroke, Dorothy Partch was transferred from Norwalk Hospital to Wilton Meadows.

10.

In June 2010, Wilton Meadows, upon learning Dorothy Partch's Medicare benefits would be ending in July of 2010 Wilton Meadows recommended the Plaintiff take Dorothy Partch home and recommended Nursing and Homecare in Wilton, Connecticut for assistance.

11.

Wilton Meadows, upon learning that the conserved person Dorothy Partch had assets including a home, changed its position that she should be discharged and prepared an Application for Appointment Caputo as Conservator.

of a

Conservator with Matthew

12.

Said Application erroneously represented that "the Respondent (Dorothy Partch) has not appointed a health care representative. "

13.

The Defendant Wilton Meadows knew that Dorothy Partch had given the Plaintiff a Durable Power of Attorney and a Designation of Healthcare Agent and Designation of

Conservator.

Said documents w!3re in the possession of the

Defendant Wilton Meadows and were referenced when admitting the Plaintiff's Mother, Dorothy Partch to the Defendant's facility.

14.

The Application erroneously represented that it was unknown whether the Dorothy Partch had executed a durable Power of Attorney.

15.

The aforesaid representations by Wilton Meadows in the
I

Application for Appointment of (Conservator were erroneous and were misrepresentations to the Court and Wilton Meadows

knew they were erroneous since the Plaintiff Marjorie Partch
I

had used said authority when admitting her mother Dorothy Partch to Wilton Meadows and 'when communicating with Wilton Meadows, as acknowledged by Wilton Meadows' admissions forms. 16. Wilton Meadows knew how to contact Marjorie Partch but refused to ever do so reqardinq the contents of the Application for Conservator, prior to its submission, and had the aforesaid, Power of Attorney, Designation of Health Care Agent and Designation of Conservator on file since May 2010.

17.

An Application by Wilton Meadows for Involuntary Conservatorship was granted for Dorothy Partch on July 27,

2010 and Attorney Matthew Caputo was appointed.
18.
I

As a result of the Appointment of a Conservator, the Plaintiff was no longer legally entitled to make medical decisions for her Mother's best interest.

19.

As a further result of the Appointment of the Conservator, the Plaintiff's Mother was confined to Wilton Meadows under the care of the Conservator contrary to her wishes.

20.

As a result of the appointment of a Conservator, the Plaintiff was evicted from the home she and Dorothy Partch shared as their home.

21.

As a result of the Appointment bf Conservator the Plaintiff has had the close and ongoing relationship with her mother interfered with and damaged.

22.

As a result of the Appointment of a Conservator the Plaintiff has had to engage in continued litigation since July 27,2010 to try to (a) replace the existing Conservator and have herself appointed in accordance with her mother's wishes, (b) to have Dorothy Partch returned to her home, and (c) to stop the home from being sold.

23.

The actions of the Defendant yvilton Meadows in failing to state
I

in its Application for Conservatorship that (a) Dorothy Partch
I

I

-------

had executed a Durable Power

df Attorney

in favor of the

Plaintiff (b) that Dorothy Partch had given the Plaintiff a DesIgnation of Healthcare Agent and (c) that Dorothy Partch had given the Plaintiff the DeSig1ation of Conservatorship constitute negligence. 24. As the result of the negligence the Plaintiff has suffered damages as set forth herein incl~ding, loss of the companionship and relationship with her Mother, loss of her residence, financial loss and severe emotional distress. Second Count (Intentiona.1 Misrepresentation) 1-22. Paragraphs One through Twenty-Two of the First Count are

hereby restated as Paragraphs One through Twenty-Two of this the Second Count as if repeated at length. 23. The actions of the Defendant Wilton Meadows constitute

intentional misrepresentation in that the Defendant knew that the Plaintiff had been designated as Conservator, that she had been given her Mother's Durable Power of Attorney and that she had been designated as the Healthcare Agent and that said facts were misrepresented in the Involuntary Conservatorship Application upon which the Probate Court relied in appointing a Conservator other than the Plaintiff. 24. As a direct result of the intentional misrepresentation of the

Defendant has suffered the following damages:

a. Interference with and damage to relationship with her Mother; b. Loss of residence. c. Financial loss; d. Emotional Distress. Third Count (Negligent Misrepresentation) 1-22. Paragraphs One through Twenty- Two of the First Count are

hereby restated as Paragraphs One through Twenty-Two of this the Third Count as if repeated at length.

23.

The actions of the Defendant Wilton Meadows constitute in that the Defendant Wilton Meadows knew

negligent misrepresentation

or should have known, that the Plaintiff had a Durable Power of Attorney, Designation of Conservatorship and Designation of Healthcare Agent from

her Mother since said documents were delivered to the Defendant before such time the defendant made Application to the Probate Court. 24. As a result of the negligent misrepresentation of the

Defendant, the Plaintiff has suffered the fbllowing damages; a. Interference with and damage to the relationship with her Mother; b. Loss of residence; c. Financial loss; d. Emotional Distress.

Fourth Count (CUTPA) 1-24. Paragraphs One through Twenty-Four of the Second Count

are hereby restated as Paragraphs One through Twenty-Four of this the Fourth Count as if repeated at length. 25. The Plaintiff is a person pursuant to Connecticut General

Statutes 42-110(a) 26. The Defendant is a person pursuant to Connecticut General

Statutes 42-11 O(a) 27. The actions of the Defendant in intentionally and/or

recklessly misrepresenting the facts regarding the Plaintiff's Durable Power of Attorney, Designation of Conservatorship and Designation of Healthcare Agent and having her conserved with a Conservator other than the Plaintiff and confined to Wilton Meadows constituted an unfair and deceptive business practice under Connecticut General Statutes 4211O(b) 28. As a result of the violation of Connecticut General Statues

42-110 (b) and (g) the Defendant has suffered the following damages. a. Interference with and damage to the relationship with her Mother; b. Loss of residence; c. Financial loss; d. Emotional Distress.

29.

Pursuant to Connecticut General Statutes 42-11 O(g) the

Plaintiff is entitled to punitive damages and attorney's fees and costs.

FIFTH COUNT (Intentional Infliction of Emotional Distress) 1-23. Paragraphs One through Twenty-Three of the Second Count are hereby restated as Paragraphs One through Twenty-Three of this the Fifth Count as if repeated at length. 24. The actions of the Defendant in making the misrepresentations set forth herein were extreme and outrageous. 25. The Defendant knew or should have known that known that as a result of its actions the Plaintiff would suffer severe emotional distress. 26. As a result of the Defendant's actions, the Plaintiff has suffered severe emotional distress.

.

The Plaintiff claims: 1. Compensatory damages; 2. Treble damages for intentional misrepresentation;
3. Punitive damages pursuant to Connecticut General Statute 42-11 O(g); 4. Attorney's fees pursuant to Connecticut General Statute 42-11 O(g).

RTCH BY-7~~7-r-~~------har
ael
19 Ludlow Road

Westport, CT 06880 Telephone No. 226-6168 Juris No.1 01498 HER ATTORNEY

I

Durable Power of Attornev

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NOTICE: THE POWERS GR..:A.NTED B'{ THIS DyCUi\"lE:--JT ARE BROAD /\ND ::;\":("'EEPING. "fl-lEY ARE DEFINED IN CONNECTICU1 ST:~dlJTORY SHORT FOR}"l POWER OF ATTOfu'-.JEY ACT, SEC110~S 1-42 TO 1-56, INCLLSrV"E, OF THE GENER.-A.L ~T\nTES, \\"HTCIi EX2RESSLY PEfu'v[1TS THE LSE UF ;\N'{ OTHER OR DIFFERENT j:OR?\I Of POWER OF ATTOR0!EY DeSIRED H'y" THE PARTIES CONCERt'"\lED V~"JO\\:r ;\11_ t\'iFN BY THESE PRESENTS, which art: intended co constitute a. GENERAL PO\)./ER OF ,A,TTORNEY DUTSua;;[ w Connecticut Starutorv Shun form PO'A'er of .. rtorncv , Act: v ,
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DOROTHY

S. PARTCH

DC
do hereby

20 Devil's Gardt:D Road, South Norwalk, Cf 06854 al?p()~r MARJO'RJE PARTCH 20 Dcvil's Garden Roa d, South NOL\valk, CT 06854

First: In my name place and stead Lf1 any way which I could do, If I were personally prcsenl, \,_,ilh respect to the follow-ing matters as each of [hem is defined in u"lc Connecticur Starutorv Short lorrn Power of :\ttomey i\ct co the extent that 1 may be permitted by law to act through an a-gene ~ ,
[:-.mke UU( and initiai ill the 0ppOSlU:: box any one or more of the sUbJj,,-jSlOOS as "[0 which the principal docs NOT desire to give the agem authority'. Such elimination of anyone or more of subdivisions (,\) to (K), inclusive, shall automatically co nstirure an elrrnma tion also of subdivision

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rC2.1estate transactions; including the PO,VCT r,) transfer and convey real properry includmg peopeny located at 20 Dcvil's Garden R02.d,

Souc..h. NO["VJalk,
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06854;
rransacrions;

charre] and goods transactions;

(C)
(1·)~ d· ~'i (F)
(C':

bond, share and commodity
banking transactions;

OUSI11CSS op<::ra ong trans ac non s:

(H)

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Insurance transactions; estate transactions. claims and lIt:iga.:c:ion;

personal relationships and affai.rs; benefits from rnilitarv service:
recurds, reports 2nd statements: 1

(1<)

EXHIBIT

A

~:~w~·~··;,J~
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(L)

all other matters:

Special provisions

ro

Second: With full and unqualified authonry to delegate =y any person 01: persons whom my artorneyjsl-in-fact shall select, Hereby Third: to be done. Eotrrth; Without rao_fy-mg and confirming

OT

all of the foregOing powers

all that said attornevis)

or substiruteis)

=y do or

may

C:l.USC

in

=-y w~y li.micing the generaliry

DUR/\.BLE

GENERAL POWER OF ATTORN"EY also includes
represent me
1Il

of the foregomg the power to:

powers,

this

J (M)

all feder2l, state, local and foreign tax matters for all years,

with fuil power, subject to revocation, t? perform any and all acts that I can perform, including the power to sign Internal Revenue Service,
Connecticut

and settle leN) J (0)
represent

IX(

State powers of attorney; make, execute and file tax rcrurns; disputes or controversies; Ad.rni:distration matters;

me in all Social Security

deal w-irh =y reuremenr or pension pkns, including individual retirement accounts, roll overs, transfers to other plans, voluntary contributions and change the ownership or beneficiary designation on accounts, plans andz'or annuities and waive non-employee spousal righTS; make gifts 111 any amount, outnght or ill trust (including without limiration, creating, funding, revoking Or amending a trust or adding propertj [0 an existing or subsequently created trust), of my pwperty to any person,

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including my artorney-in-facr:

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create, exercise or release a power of appomtment purslliUlt to Connecticut General Sta;:-ures Section 12-345b e:t 5eo_, indudIDg the power to create, exercise or release a power of appointment in [cava! of himself or herself, his or her creditors, his or ber estate or the creditors of his or her estate. Norwithsranding tnt: previous sentence, my artorney-in-facr can create, exercise or release a po-we.r of appomtment for his or her benefit only as "lec5sary for the artorncy-ia-facr's health educarion, maintenance or supporr;

} (R)

borrow funds to aVOId forced liquidation

of assets;

1 (5)

deai wirh and collect proceeds from me, health and loog-te= care insuranc>, including the power to surrender or change the ownership or beneficiary designanoos of life insurance policies;

1(T)

forgive., collect and pay debts, including debr.s to rne artcrney-in-fact
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here=

J(U)

id waive srzrutory elections pursuant Secnon 45a-43b; disclaim or renounce

=

to Cc

.ut

General Statutes

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any p:rope...-.:y mrerest pursuant CO Section 2518 of the Internal Revenue Code, as amended, or Connecricur Gc:ner:al Srarures .:\CtS Section 45a-578 ct seq_, or =y sirnilar or successor Law;

pay salaries of 6:nployees;
ch:..nge the domicile of the principal for any and all pu_rposes; J

(xl

q=lify the principal for various gov==t entitlement progr2ffiS such as Medicaid 0:; Supplemental Security Income, including the power to divest me of sufficient assets to so qualify, hire counsel and otherwise act to represent leg;J transaction; and/or protect

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my interest ill

a._'}y

J (A_.A.)

waive attorney-client and other similar priv-ileges to facilitate consultations between the attorney-ill-fact herein appointed and my attorney and other advisors;

j (BB)

convert

non-exempt

resources

mto exempt

resources to quilify for Medicaid,

1 (CC) 1 (DD)
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access safe deposit boxes;
revoke or amend

this power

of attorney

or: any provision

hereof; and

serve as conservator of my persoo and pIOperty, to serve without bond, in the event that I sh211be declared unable to manage my aff~jrs pULSuant to Connecticut Ge.ryem Statures Sec-bon 45a-654 et seq.. or any statute corresponding thereto, and

me

J (FF)
Fifth:
appOID! ANNA

make and complete charitable pledges and gifts_

If MARJORIE PARTCH is unwilling or unable to act as my attorney-in-fact, I -MARIE 1..TLSArY!ER 49 Shelley .-1_venue, Hartsdale, NY 10530, =y artorrievof

in- [act

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This Power of
incompetence of

me princtI-~

uey SWell

NOT be affected by
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ml

sequent disability or

SIGNED, SEALED AND DEU'ilERED m THE PRESENCE OF

-"''9tn.ess
,...

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cl'rr-:J

C ,r:,',e{~-

Scate of Connecncur Counrv of Fairfield

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Tbe foregoing POWER OF ArrORJ"JEY .>\UTHCRlTY was acknowledged before roe this -_ DOROTti:f S. PARTCH.

with

d2.y of

pw\."isiotl for SURVJVAL OF A;jj?~{,r~., 2005, by

4

THESE ARE MY HEALTH CARE INSTRUCTlONS:
My appointment of a health care agent, My appointment of an attorney-in-fact for health care decisions & The designation of my conservator of the person . I for my f uture Incapacity

To at?Ypbysiaan wbo is treating me:

These

are my health

care instructions

including those

concermng the withholding

or

withdrawal of life support systems, together with the appointment of my health care agent and my artorr-ev-irr-fact for health care decisions, and the designation of my conservator of the person for

future incapacity. A.s my physician, you may rely on any decision made by my health care agent,
attorney-ill-fact

for health care decisions or conservator

of my person, if I am unable to make a

decision for myself.

1, DOROTHY

S. PARTCH, of 20 Devil's Garden Road, South Norwalk, CT 06854,

request that, if my condition is deemed terminal or if I am determined to be permanently
unconscious,

I be allowed to die and not be kept alive through

life suppon systems. By terminal

condition, I mean tbat 1 have an incurable or irreversible medical condition which, wirh our the administration of life support systems, will, in the opinion of my attending physician, result in death within a relatively short time. By permanently unconscious I mean that I am in a permanem persistent vegerati\'e state which
1S

coma or

an irreversible condition in which I am at no time aware of

myself or the environment and show no behavioral response to the environment.

The life suppon

systems which I do not want include, but ale not limited to; artificial

respiration, cardiopulmonary resuscitation and artificial means of providing nutrition and hydration. I do want sufficient pain medication
to

maintain my physical comfort, I do not intend any direct

talc_l11g of my life, but only that my dying not be unreasonably prolonged.

I appoint l'11.A_RJORIE PARTCH Telephone No, (203) 838-6825,
to

of 20 Devil's Garden Road, South Norwalk, CT 06854,

be my health. care agent and my attorney-in-fact for health care

decisions, If my attending physician determines that J am umable to understand and appt eciare the nature and conseguences of health care decisions and unable
to

reach and

communicate

an

EXHIBIT

B

informed

decision

regardmg

treatment,

my health

care agent

and attorney-in-fact

for health

care

decisions is authorized to:

(1) Convey
support systems',

[Q

my physician my wishes concerning

the \l,,-jthholdiog or removal of life

(2) Take 'whatever actions arc necessary (3) Consent, action is consistent systems; and

to ensure that any wishes are giyen effect; to ali}' medical

refuse or withdraw

consent

treatment or removal

as long as such of life support

with my wishes concerning

the withholding

(4) Consent to any medical treatment designed solely for the purpose of maintruning
physical comfort,

If MARJORIE
attorney-ill-fact

PARTCH is unwilling or unable
care decisions,

to serve as my health care agent and my

for health

I

appoint

ANNA MARIE ULSAl\ffiR of 49 Shelley

,\venue,

Hartsdale, NY 10530, Telephone No. (914) 949-9873, to be my alternate health care agent
for health care decisions.

and my attorney-in-fact

If a conservator

of

my

person

should

need

to be appointed,

I designate

:M.. ARJORIE
to

PARTCH,

[0

be appointed my conservator.
I designate ANNA

If MARJORIE MARIE

PARTCH

is unwilling or unable

serve as my conservator, shall be required of

ULSANIER

as my conservator.

No bond

any

of them in any jurisdiction.

These requests, of sound

appointments,

and designations a duly executed

are made after careful reflection,

while 1 am

mind. /->.Dy party receiving

copy or facsimile of this document
of it.

may rely

upon it unless such pany has received actual notice of my revocation

,
Date!< /_;. .2005

..
'

DOROTHY S. PARTCH

I

Tl us dc-curnerrt was signed

in

ow: p:resence

by D(j}ROTHY S. PARTCH

I

the author of

this document,
understand

who appeared to be eighreen years of agJ or older, of sound mind and able to
and consequences

the nature

of health care decisions
influence,

at the time this document

was

signed. The author appeared in the author's "r'.\
t ~\

to be under no improper

r

presence
-I'}

,.--) ' . t1'.

and at the author's

request and in

tht
~

We have subscribed

this document

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(Ie l"kd1-.'dJU,fI "-/.;:-Address
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presence of each other.

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.. )u g Address

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State of Connecticut
County of Faufield

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We, the subscribing these health care instructions, designation of a conservator

witnesses,

being duly sworn, say that we witnessed of a heal~

the execution

of the

the appointments for future incapacity subscribed,

care agent and an attorney-in-fact,
of anatomical
gJ.ft

and a document
I

by the author

of this document; instructions, document

that the author

published

and declared

the same to be the author's subscribed the

appoint,.nenrs

and designation

in our preseIj-ce; that we thereafter

as witnesses in the author's

presence,

at the authcrr's request, and in the presence the author appeared the nature
to

of each

other; that at the tune of the execution ::ears of age or older, of sound document,
~~,--".~,,",'~; __

of said document

us to be eighteen of said
this

mind,

able to understand

and consequences

and under no improper
day

influence,

and we make this affidavit at the author's

request

of

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2005.

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Address

Subscribed

and sworn to before me this

.,_/_. dav of _

.s:~_"'...:.'~'_ _'.,..r'-,/,,-';c......_'_: :,_.

,.. <./: ! . : .• Notary Publici/Commissioner
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v." - ":' ~ ~.

:2005.

of the Superior

Court

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