BELLEVILLE – Strife between sisters Gail Edwards of Belleville and Betty Lee of Worden over caring for mother Marcella Dixon turned into judicial victory for Lee after she retained former chief judge John Baricevic.
Associate Judge Thomas Cannady terminated Edwards as co guardian on May 2, and approved Dixon’s removal from New Athens Home for the Aged.
He relied on allegations Baricevic made against the facility and allegations that sisters and brothers made against Edwards.
Lee hadn’t moved Dixon as of June 14, because the plan changed.
In February, when Baricevic moved for relocation, he stated Lee would move Dixon to a home in Alhambra.
He didn’t name it but Cannady identified it as Alhambra Rehab and Health Care.
Cannady granted Lee discretion to take Dixon there or keep her in New Athens.
He didn’t grant a third option.
Baricevic moved for reconsideration on May 24, to authorize Lee to relocate Dixon to any licensed facility in Illinois.
On June 6, Cannady set a hearing for July 11.
Baricevic presided as St. Clair County chief circuit judge in 2015, when he and other circuit judges appointed Cannady as associate judge.
Lee and Edwards petitioned for Dixon’s guardianship in 2020, and brother Robert Howard consented to Lee’s appointment.
Cannady appointed Eugene Menges as guardian ad litem, a position providing neutral counsel for a ward in litigation.
Cannady appointed Lee and Edwards as co guardians of Dixon’s person and estate.
“Guardianship granted by agreement,” Cannady wrote.
He found they agreed to make no disparaging comments to Dixon about siblings.
He ordered them to make reports in a year.
Lee filed a report last Aug. 31, 2021, stating New Athens Home for the Aged administered prescribed medication and provided occasional walking therapy.
On Sept. 7, New Athens police took a call from the home.
Officer Braden Watt reported to the scene and issued Lee a ticket on a battery charge with Edwards as complaining witness.
On Sept. 8, Edwards filed a report stating the home provided prescribed medications, physical therapy for walking, and activities to help with mind.
Cannady held a hearing on Sept. 9, with Edwards present but not Lee.
He told Edwards to file a report in a year.
On Oct. 27, she petitioned for sole guardianship.
Baricevic entered an appearance for Lee on Nov. 19, and moved to dismiss Edwards’s position.
Cannady held a hearing on Jan. 27, and continued it at Edwards’s request.
On Feb. 14, Baricevic petitioned to terminate Edwards and relocate Dixon.
He stated Lee’s belief that the home in New Athens wasn’t in Dixon’s best interest.
“Covid control is deficient,” he wrote.
“Staff is overworked.
“Hygiene of residents is below standards.
“Facility is not clean.
“No program for mental wellness exists.
“No exercise program exists.”
On the same date he entered an appearance as Lee’s counsel on the battery ticket.
He stated she pleaded not guilty and demanded jury trial.
Guardian ad litem Menges filed his report on March 23, stating home administrator Chip Daugherty “indicated that Betty Lee was a problem.”
He wrote that Daugherty said Lee demanded activities at inappropriate times like demanding a shower when staff is preparing a meal.
“He believes that Betty should be banned,” Menges wrote.
“He stated that the staff is afraid of Betty.”
He wrote that he spoke with Dixon’s son Joe Thompson who said Edwards just wanted money.
“He stated that the fight at the care facility was trumped up,” Menges wrote.
He wrote that Dixon’s daughter Rebecca Bailey gave multiple examples of insufficient care at the home.
He wrote that Edwards said Lee provides too much chocolate and candy to her mother, which gave her diarrhea.
He wrote that Edwards said Lee argues with staff and upsets her mother.
He quoted Dixon’s sons Robert Dixon and Robert Howard in Lee’s favor.
He wrote that he reviewed documents about the facilities and they “could lead one to believe that the care at Alhambra exceeds the level of care at New Athens.”
He recommended appointment of a public guardian.
“It appears that a change of facilities is reasonable,” he wrote.
“If a choice had to be made between Betty and Jeannie, Betty has support of the family and would probably be the better alternative.”
Cannady heard argument on May 2, and found it obvious that Lee and Edwards couldn’t properly administer their duties to Dixon’s person and estate.
He found their relations irreparable.
He disagreed with appointment of a public guardian, finding Dixon’s care ought to be administered by a family member.
“Some of Betty Lee’s complaints as to the lack of care or the quality of care may be legitimate in nature and may warrant her complaints to the personnel at New Athens home,” he wrote.
“As to Betty Lee’s demeanor towards the personnel at New Athens Home, same is lacking in grace and proper presentation, and at times demeaning to the staff.”
Then he entrusted Lee’s mother to her.
He told Lee and Edwards to resolve visitation through Menges.
Cannady also presides over the battery ticket, which Baricevic has continued over the state’s objections.