John Flentie spends every hour of his day obsessed with re-gaining his freedom. Flentie is not a prisoner, as you might think. Rather, he is a ward of the state of Missouri. John Flentie, resident of Platte County, Missouri, which neighbors Kansas City, along with his attorney and several high school classmates have advocated for two years that Flentie be released from his guardianship. Flentie’s woes begin in 2012, when the state petitioned for him to become a ward and committed him to a nursing home.
Back in 2012, Flentie was single and living happily alone. He was a self-admitted hoarder or pack rat and this retired electronics expert jammed his home with electronics equipment. He has maintained the equipment never posed a danger, nor was the home unclean, but it was cluttered. Flentie, who has no children and has been divorced for decades, had an active social life, including dancing at singles events and listening to jazz albums. Life was good for Flentie, who had plenty of money in his bank account and a $300,000 home.
In late November of 2011, Flentie fell. A few days later, in early December, he fell again. Flentie was hospitalized after this second fall and it prompted two workers at the Missouri Department of Health and Senior Services to visit his home. They saw the clutter and electronics and became concerned. They also expressed concern that Flentie may use or abuse his medications, as Flentie admitted to occasionally having a glass of beer or wine which could not mix with his medicine. The case seemed to end when the Department of Health and Senior Services declared it a case of suspected self-neglect, but shut the file.
In 2012, Flentie fell twice again. The state took prompt action this time around. Flentie was diagnosed as bipolar with psychotic symptoms and dementia. The internal medicine physician treating him concluded Flentie was not capable of caring for himself or his finances, despite psychiatrists seemingly different observations. Four days after Flentie’s fall, the Platte County public administrator petitioned for guardianship and conservatorship. The court appointed an attorney to Flentie and set a date for the hearing in just a week.
Flentie remained totally unaware of what was occurring until his attorney appeared hours before the hearing to pick him up. Confused and distressed, Flentie attended the 45 minute hearing, after which the judge declared him totally incapacitated and ordered him sent to a residential care facility.
This spurred the two year battle to have his guardianship revoked. Thus far, Flentie’s petition for restoration, which was supported by several psychiatrist recommendations, has been denied, in part, it appears, due to Flentie’s own eccentricities. An appeal challenging the notice given at the initial hearing was similarly denied.
Flentie, described by all his friends and several doctors as extremely intelligent, in control of his finances, and capable of caring for himself, cannot seem to remove the guardianship that has taken his freedom. Flentie’s saga serves to highlight the potential problems of guardianships and guardianship laws. Kansas’ laws are quite similar to Missouri’s, allowing individuals like Flentie to become wards of the state when no other adult is able to perform the duty.
If you or a loved one faces possible guardianship against your will, contact a licensed family law attorney as soon as possible so that you do not end up in a situation like Flentie, fighting an uphill battle to have the guardianship order removed.
McDowell Chartered: Kansas Family Law Attorneys with Years of Guardianship Experience
For assistance with any guardianship matter, contact the Kansas Family Law Attorneys at McDowell Chartered. Our attorney team has decades of experience both seeking and defending against guardianships. Call McDowell Chartered today at (316) 269-0746 to schedule an initial consultation. We look forward to providing you with exemplary legal services.
