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Case Information

Filed 2024-05-31
Type Pr Guardian/conserv Adult
Docket 73 entries
Disposition disposed

Parties

Plaintiff Citizens Memorial Hospital District|Parrack, Paige Janeil
Photo of Hon. Hackett James Andrew

Judge

Hon. Hackett James Andrew

Benton County (MO)

Missouri

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Lawyers

Docket Entries

  1. pp-Ltrs Grdnshp/Consrhp Petition for Appt. of Guardian-Conservator and Req for Emergency Hrg; Exhibit C-Medical Certificate. Filed By: PAIGE JANEIL PARRACK On Behalf Of: CITIZENS MEMORIAL HOSPITAL DISTRICT Associated Entries: 05/31/2024 - CRIFS/Unredacted Document +
  2. ertificate of Delivery Conservator Ad Litem notified of appointment via e-notice. Notice of entry to Public Administrator via e-mail.
  3. ase Review Scheduled Scheduled For: 11/12/2025; 9:00 AM; JAMES ANDREW HACKETT; Hickory
  4. tatus Report Reviewed Associated Entries: 09/30/2025 - Status/Annl Report Filing
  5. udge/Clerk - Note Court reviews filings. Status Report approved. Turnover settlement filed January 7, 2025, for a period ending December 5th, 2025, indicates bank accounts worth $16,045.16, MetLife stock, and real property worth $12,410, personal effects and furnishings worth $1,000, a car worth $2,400, and a singlewide trailer worth $5,000, for a total value of $40,473.18. The annual settlement filed September 30, 2025, begins with a beginning inventory listing bank accounts at $11,345.02 and MetLife stock worth $3,618.00, for a total value of $14,963.00, resulting in a discrepancy of $25,510.18. The settlement period begins December 31, 2024, and while it admittedly leaves approximately one month of expenditures/exchanges unaccounted for, the magnitude of the discrepancy raises concern. Court notes that the real estate, according to court documents and bank records, was sold prior to the turnover, with proceeds deposited into the bank on December 6, 2025. However, the Court cannot determine what happened to the personal effects and furnishings, the vehicle, or the singlewide trailer. The Court further notes that the former Public Administrator retired during this time frame and a new Public Administrator assumed office shortly thereafter, and it is possible that some matters were overlooked in the transition. To clarify whether the discrepancy is due to accounting or innocent error/omission versus something actionable, the Court appoints J. D. Baker as a Conservator ad Litem to investigate, review, and report back. The Conservator ad Litem may submit a written report in lieu of appearance, particularly if he concludes the discrepancy is explained and not actionable. Case set for review on November 12, 2025, at 9:00 a.m. JAH
  6. udge/Clerk - Note No appearances. Documents have been filed but not yet reviewed. No further action taken at this time. JAH
  7. tatus/Annl Report Filing Associated Entries: 10/02/2025 - Status Report Reviewed
  8. nnual Settlement Filing
  9. udge/Clerk - Note Request for additional time to file granted. Case docketed for Court Review (no appearances) on October 1st, 2025, at 9:00 a.m. JAH
  10. equest Filed
  11. otc-Time to File Annl Set/Rpt Notice to file annuals mailed to guardian/conservator; due 8-28-2025
  12. rder Approving Settlement
  13. udge/Clerk - Note Settlement approved in form. JAH
  14. urn Over Settlement Corrected
  15. mended Inventory
  16. rder Allowing Fees-Pub Admin
  17. udge/Clerk - Note Court reviews filing. Turnover not approved does not balance. Order for fees entered. JAH
  18. etition Fees - Public Admin
  19. urn Over Settlement
  20. Entry of Appearance Filed EOA by Cameron Casad for Petitioner; Electronic Filing Certificate of Service. Filed By: CAMERON MILES CASAD On Behalf Of: CITIZENS MEMORIAL HOSPITAL DISTRICT
  21. uccessor Letters Letters issued to new Public Administrator Kim Phillips
  22. PR Costs Incp/Dis-w/costs-Asso
  23. eport of Sale of R/Propty
  24. <td></td><td></td><td></td>
  25. earing Held Associated Entries: 10/28/2024 - Hearing Scheduled Scheduled For: 11/13/2024; 9:00 AM; JAMES ANDREW HACKETT; Hickory
  26. udge/Clerk - Note G/C appears in person with attorney Button. Court takes up Petition to Sell Real Property. Petition granted. JAH
  27. CRIFS/Unredacted Document Petition for Appt. of Guardian-Conservator and Req for Emergency Hrg; Exhibit C-Medical Certificate in associated to Guardianship and Conservatorship (application) filed on 05/31/2024. Filed By: PAIGE JANEIL PARRACK On Behalf Of: CITIZENS MEMORIAL HOSPITAL DISTRICT Associated Entries: 05/31/2024 - App-Ltrs Grdnshp/Consrhp +
  28. otice of Court Hearing Sent Notice of entry to all interested parties
  29. earing Scheduled Associated Entries: 11/13/2024 - Hearing Held Scheduled For: 11/13/2024; 9:00 AM; JAMES ANDREW HACKETT; Hickory
  30. udge/Clerk - Note Petition to Sell Real Property set for hearing on November 13th, 2024 at 9:00 a.m. Clerk to send Notice of Entry to all Interested Parties by mail. JAH
  31. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: MATTHEW JAMES BUTTON On Behalf Of: VENESA JEAN PRETTYMAN
  32. etition to Sell Real Property Petition to Sell Real Property; Exhibit 1; Electronic Filing Certificate of Service. Filed By: MATTHEW JAMES BUTTON On Behalf Of: VENESA JEAN PRETTYMAN
  33. nventory and Appr Filing
  34. trs Grdnshp/Consrhp Adult 2 Certified copies to Guardian/Conservator via mail
  35. nvoice Filed GAL invoice
  36. uardianship Hearing Held Applicant CMH appears by Attorney Casad. Respondent Linda Rusk appears in person and by GAL Lightfoot. Subject Matter Jurisdiction Guardianship Findings: Diagnosis cerebrovascular disease. Impact of diagnosis, Respondent unable by reason of physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that she lacks capacity to meet essential requirement for food, clothing, shelter, safety or other care. Respondent is in need of guardian. Court finds incapacity requires placement in a supervised living situation and believes the following degree of supervision is required: Skilled Nursing Facility currently Northwood Hills in Humansville, MO. Court further finds Respondent is unable to Operate a Motor Vehicle, Use/Possess Firearm. Personal Jurisdiction Conservatorship Findings: Respondent unable by reason of physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that she lack ability to manage her financial resources. Respondent is in need of Conservator. Relationship to Ward/Protectee: Public Administrator. Suitable and otherwise qualified to serve as Guardian and Conservator, has consented to serve in open court, her appointment would be in the best interest of the respondent. Proposed guardianship/conservatorship is the least restrictive means by which respondent's person may be protected and her assets be preserved. GAL fees of $1,045 are reasonable under the circumstances to be paid by Petitioner/Applicant. Bond waived. GAL Lightfoot granted leave to withdraw. Letters of guardian/conservatorship are hereby issued in favor of the Public Administrator. Wards condition appears to be improving. Facility care will need to be reviewed. In-home may be possible if in-home care, finances and Respondent's condition continues to improve. Court directs guardian to investigate avenues/or possible in-home health care. Applicant granted claim against estate for $1,045.00. JAH/Judge Associated Entries: 06/05/2024 - Guardianship Hearing Scheduled Scheduled For: 08/28/2024; 10:00 AM; JAMES ANDREW HACKETT; Hickory
  37. ound Recording Log Sheet
  38. ubpoena Served Subpoena Served to CMH; Electronic Filing Certificate of Service. Filed By: JESSICA A LIGHTFOOT
  39. ubpoena Issued
  40. RIFS/Unredacted Document Letter to CMH; Electronic Filing Certificate of Service in associated to Request (other) filed on 06/26/2024. Filed By: JESSICA A LIGHTFOOT On Behalf Of: LINDA M RUSK Associated Entries: 06/26/2024 - Request Filed +
  41. equest Filed Subpoena to CMH; Letter to CMHRedacted; Electronic Filing Certificate of Service. Filed By: JESSICA A LIGHTFOOT On Behalf Of: LINDA M RUSK Associated Entries: 06/26/2024 - CRIFS/Unredacted Document +
  42. tatus/Annl Report Filing
  43. rd Appt Guardian Ad Litem
  44. mergency/Temp Letters Temporary Emergency Letters of Guardianship and Conservatorship Certified copy mailed to Public Administrator
  45. udge/Clerk - Note Petitioner appears by attorney Casad. Respondent appears in person with attorney Lightfoot. Court takes up request for emergency letters. Court finds there is a need for emergency letters and orders same issued. Hickory County Public Administrator, Venessa Prettyman, appointed as temporary Guadian/Conservator. Case set for final heairng on August 28th, 2024 at 10:00 a.m. Clerk to request ADA Courtroom for that date and time. JAH
  46. ound Recording Log Sheet
  47. uardianship Hearing Scheduled Associated Entries: 08/28/2024 - Guardianship Hearing Held + Scheduled For: 08/28/2024; 10:00 AM; JAMES ANDREW HACKETT; Hickory
  48. earing Held Associated Entries: 06/03/2024 - Hearing Scheduled + Scheduled For: 06/05/2024; 10:00 AM; JAMES ANDREW HACKETT; Hickory
  49. udge/Clerk - Note CMH notified via phone of updated court time of 10:00 AM; Attorneys notified via phone and e-notice
  50. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: JESSICA A LIGHTFOOT
  51. otion to Shorten Time Motion to Shorten Time; Electronic Filing Certificate of Service. Filed By: JESSICA A LIGHTFOOT
  52. otion for Continuance Motion for Continuance; Electronic Filing Certificate of Service. Filed By: JESSICA A LIGHTFOOT
  53. ummons Personally Served Document ID - 24-P310-30; Served To - RUSK, LINDA M; Served Date - 06/03/2024; Served Time - 17:07:00; Service Type - SD; Reason Description - SERV; Service Text -
  54. otice of Service Notice of Hrng Return Service; Electronic Filing Certificate of Service. Filed By: PAIGE JANEIL PARRACK On Behalf Of: CITIZENS MEMORIAL HOSPITAL DISTRICT
  55. ummons Personally Served Document ID - 24-P310-30; Served To - RUSK, LINDA M; Served Date - 06/06/2024; Served Time - 10:43:15; Service Type - SD; Reason Description - SERV; Service Text -
  56. udge/Clerk - Note Notice of updated court time 6-5-24 @1:00 PM
  57. otice of Court Hearing Sent Notice of Hearing to Vanessa Prettyman, Public Administrator. Notice to Attorney for Respondent via e-notice.
  58. ntry of Appearance Filed EOA by Cameron Casad for Petitioner; Electronic Filing Certificate of Service. Filed By: CAMERON MILES CASAD On Behalf Of: CITIZENS MEMORIAL HOSPITAL DISTRICT
  59. otc to Respondent W/Rights Document ID: 24-P310-30, for RUSK, LINDA M Summons attached in PDF form for attorney to retrieve from SecureCase.net for service by Sheriff's office.
  60. R Costs Incp/Dis-w/costs-Asso
  61. earing Scheduled Revised Event Information: New EventDate: 06/05/2024; REVISED Event Information; REVISED Event Information: New EventTime: 13:00:00; REVISED Event Information: New EventTime: 10:00:00; Associated Entries: 06/05/2024 - Hearing Held Scheduled For: 06/05/2024; 10:00 AM; JAMES ANDREW HACKETT; Hickory
  62. iling Info Sheet eFiling Filed By: PAIGE JANEIL PARRACK
  63. ote to Clerk eFiling Filed By: PAIGE JANEIL PARRACK
  64. RIFS/Unredacted Document Petition for Appt. of Guardian-Conservator and Req for Emergency Hrg; Exhibit C-Medical Certificate in associated to Guardianship and Conservatorship (application) filed on 05/31/2024. Filed By: PAIGE JANEIL PARRACK On Behalf Of: CITIZENS MEMORIAL HOSPITAL DISTRICT Associated Entries: 05/31/2024 - App-Ltrs Grdnshp/Consrhp +
  65. ntry of Appearance Filed EOA-Atty Paige Parrack for Petitioner. Filed By: PAIGE JANEIL PARRACK On Behalf Of: CITIZENS MEMORIAL HOSPITAL DISTRICT

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