Brock Blends Her Christian Faith With RICO Laws To Fight Elder Abuse

Penny & Bill At Nevada Governor's Ball

Penny Brock has always taken her Christian faith and core American values seriously. Now she may be taking them to a federal jury in Portland, Oregon.  For more than thirty years, Penny was married to Capt. Bill Brock III, a pilot for Delta Airlines.  Bill and his father, Bill Brock II, used to joke about the strong-willed nature of Bill’s mother, Thelma, a woman of German descent.

After Bill Brock Jr. passed away, Penny and Bill flew to Portland to review Thelma’s living trust document.  Like millions of senior citizens across America, Thelma had heard about the benefits of a living trust and wanted her son Bill to review the trust before she signed it. 

Shortly after returning home, the couple was surprised to discover that another Portland attorney had advised Thelma to revoke the trust and sign a “bare bones” will.  “Bill and I were concerned that because of her age and failing health, Thelma had been duped into buying junk probate papers,” Penny recalls. “What angered us even more, was the arrogance of this attorney who refused to meet or give us the peace of mind we feel we were entitled to.”

Summerplace Assisted Living Facility

Penny continued to send Thelma birthday and holiday cards after Penny became a widow in 2002. In 2009, Thelma was a resident in Summerplace Assisted Living Facility, a corporate subsidiary of Prestige Care, Inc.  Prestige owns and operates 52 elder care facilities in Alaska and 7 western states.

In 2009, the Portland professional guardianship firm of Tiffany-O’Shea became guardian of Thelma, over her objection. Penny was not notified of the proceedings. Thelma’s death in 2011 began stirring up painful memories of issues Bill had not found peace of mind about prior to his passing.

Multnomah County Courthouse

As court papers filed in the Multnomah County Circuit Probate Court reveal, Penny attempted to arrange a meeting with Tiffany-O’Shea’s attorney, Richard Pagnano. In addition to Thelma’s missing probate documents which would have negated the need for a conservatorship, Tiffany-O’Shea had assigned ten staff members to assist Thelma even though she was paying more than $4500.00 per month for her care at Summerplace.

Penny & Thelma

“It just didn’t make sense that Summerplace and everyone else refused to meet with me,” Penny said. “Bill and I objected to the will. Thelma objected to the conservatorship. I have been objecting to the entire process since I discovered a new will after Thelma’s death. No one in the system would listen. They just steam-rolled right over us. When Mr. Pagnano called me a “predatory lunatic,” for trying to gather information about Thelma’s 96 year old sister who is also a resident of Summerplace, I hit the roof.”

 Penny now is on a mission which combines her love for God with her love for justice. She is networking with other victims of elder abuse and financial exploitation and is also
considering forming a non-profit legal defense fund in Thelma Brock’s memory.  She also plans to pursue her case against the lawyers and elder care facilities under the federal racketeering laws.
 
“Truth and justice are universal,” Penny, who majored in scripture and religious education in college, added. “So is the commandment that we honor our mother and father.”
 
Note: In Boyle vs. United States, 129 S. Ct. 2237 [2009] the U.S. Supreme Court held that an association-in-fact enterprise did not need an ascertainable structure beyond the inherent patterns of racketeering activity.  Thus relationships among attorneys, probate professionals, bond companies and assisted living entities would appear to line up with Boyle.
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About theeliteones
Just trying to eliminate bias in America's state bar associations the best way I know how. Let me know if you can help.

11 Responses to Brock Blends Her Christian Faith With RICO Laws To Fight Elder Abuse

  1. This is amazing – so glad you are going after those that abuse the elderly financially. We had adult family homes in Washington and were amazed at all the wrong done to the seniors living in our homes.

    • theeliteones says:

      Barbara:
      Thanks for sharing. Elder abuse and financial exploitation is a growing national crisis. I believe a large part of the problem rests with out-of-date assumptions by courts and probate professionals in the billion dollar elder care industry. Comments from folks like you go a long way to call attention to the crisis.

      Phil

  2. 1efanow says:

    Barbara,

    This fight is shared by many. The legal system and our courts can’t continue to ignore the injustice. My mother, too, was a victim. In her victimization, my deceased dad became a victim, and now my son and I fight the lawyer, trustee and “family friend’ who contrived the theft of our lives and the life of sacrifice of my dad. I began The National Organization to End Elder Financial Abuse, http://www.efanow.org to bring awareness to this crisis. My personal case continues, in Mahoning County, Ohio. Elder Financial Exploitation has become a business – not only for the nursing home industry, but for the legal industry; alll paid for by the sacrifices of good people who were taken advantage of. “Professional Guardians” unto itself is abusive.

    EFA is based in VA, but we hope expand to other states. We are looking for lawyers who may want to assist us, nursing homes who wish to apply our standards of protections to their businesses, and any others. I can be reached at 757-930-0496 if any reader wants to get furhter involved.

    Kathleen Ryan
    Executive Director, EFA

    • theeliteones says:

      Kathleen-

      Thanks for sharing. I am in the middle of a deadline for a project I am working on. Let’s talk later this week.

      Phil

  3. Suzi and Don says:

    Go Penny! What a travesty.

    Reminds me of some legal hanky panky we experienced 30+years ago, as you may remember.
    God bless, and we’d like updates!
    Suzi

    • Penny Brock says:

      Thanks, Suzi for your comment.
      How well I remember your struggle with legal “hanky panky” which is now
      recognized as “legal system abuse”. Your support and encouragement
      greatly appreciated!
      Penny

  4. Kathy Pipal says:

    Penny; I was so sorry to hear of Thelma’s death and the mess about her will and probate. I will be praying for you as you continue the fight. Our Christmas cards to Thelma were returned with no forwarding address for the past two years and I checked the internet to see if she was still alive and found this article. We lived next door to Thelma and Bill Sr for many years and they were adopted “grandparents” to our three sons. I am so sad this happened to her. She was a very dignified and wonderful person and my whole family loved her.

    Bless you,

    Kathy Pipal

    • Penny Brock says:

      Kathy,

      How I appreciate your comments. I am so sorry you did not learn of what had happened to Thelma until you found my story posted here. I am sure she missed getting the cards from you after the Guardain took custody of her. How sad she was cut off from you, too.

      Thank you for loving Thelma and Bill Brock, for adopting them, and the joy your family and sons gave them over the years.

      On behalf of Bill Jr., Thelma Brock, and Bill III, and in their memory I seek to “honor Bill III’s mother and father” and who were also my mother and father by marriage who I am also called to “honor”,
      Penny Brock

  5. warren says:

    I will pray for you

  6. Mary says:

    Penny,

    I came across your story via a friend. My father passed away almost a year ago in Portland, Or, after a long battle in court for a third party guardian. I do not know your whole story, but the attorney that you stated was the same one that the court appointed to my father. He did not protect or represent my father, in fact he represented what he felt was in HIS best interest, as he continues to do so till this day. My fathers estate continues to be fleeced. We are also taking legal steps towards accountability. Please let me know if you are interested in speaking.

    M

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