Elderly Man’s Other Caregiver Wants To Settle Case

by Joseph G. Lariosa

CHICAGO (jGLi) – One of the members of the Pasamba extended family expressed her willingness to settle her case with the Estate of Marshall F. Davies, according to James Burton of the Financial Recovery Unit of the Cook County Public Guardian in Chicago, Illinois.

Jocelyn Baker, 45, younger sister of Carmelita Pasamba, one of the caregivers of Davies, told Burton during the status hearing of the case last June 6 she is representing herself and is not planning to retain a lawyer because she wants to settle  case.

Aside from Baker, her nephew, Dennis Pasamba and a lawyer representing St. Joseph Hospital were also present during the status hearing of motion to compel discovery and motion to quash and return of citations on the Public Guardian’s citation to recover asset before probate court Judge Lynne Kawamoto. Dennis Pasamba was represented by Atty. Amy C. Wright. St. Joseph Hospital was represented by Atty. Anthony D. Danhelka.

Although Carmelita Pasamba, 61, and her husband, Edgardo, and their daughter, Donabel Copon, were served summonses, they waived their presence and asked their lawyer, Gordon Gault, to represent them in court.

Their co-respondent in the case, Atty. Alfonso Bascos, officer of the Filipino American Council of Greater Chicago, was a no-show at the hearing as he has yet to be served his summon.

Another co-respondent, Cindy Rubio, a Filipino American registered nurse and employee of St. Joseph Hospital, was not issued a summon anymore.

“NO WAIVER” FOR SETTLEMENT

Burton said he is going to appoint a special process server to serve the summon on Bascos to compel him to attend the status hearing of the case personally on the next status of the case on July 18 at 10 a.m. Bascos may not attend by sending his own lawyer.

Carmelita and Edgardo Pasamba, their children, Dennis and Donabel Copon, Carmelita’ sister, Jocelyn Baker and St. Joseph Hospital were all ordered to “file within 30 days an answer to petition (to recover asset) or otherwise plead” in the order by Judge Kawamoto. The judge also considered the “motion to compel and motion to quash … withdrawn” as the issue “is now moot.”

Even if Baker settles the case by returning the $60,840 she is accused of taking from Davies, Burton said, it will not prevent the State’s Attorney from filing charges of financial exploitation of a disabled against her. Nor is she entitled to a Public Defender.

Baker, her sister, Carmelita Pasamba, Carmelita’s husband, Edgardo, and their children, Dennis Pasamba and Donabel Copon, Alfonso Bascos, Cindy Rubio and St. Joseph Hospital are named in petition to issue a citation to recover assets pending before the Circuit Court of Cook County’s Probate Division in Chicago, Illinois. They are accused of conspiring to deprived trustor Marshall F. Davies, a 94-year-old disabled person, who is suffering from a severe dementia, more than half-a-million dollars ($749,100.03) from the conspiracy.

JURY TRIAL SOUGHT

The citation to recover assets that is seeking a jury trial had charged the respondents with 11 counts of various violations, including Counts I to III for incapacity, for undue influence, and breach of fiduciary duty against Carmelita Pasamba; Counts IV to VII – Conversion against Carmelita Pasamba, Jocelyn Baker, Dennis Pasamba, and Donabel Copon;

Count VIII – Conspiracy against Carmelita Pasamba, Jocelyn Baker, Edgardo Pasamba and Alfonso Bascos. Edgardo, Carmelita and Jocelyn accompanied Davies to Bascos’ office on April 24, 2008 when the power of attorney was discussed, drafted, and purportedly signed by Davies. On April 27, 2008, Edgardo and Carmelita returned with Davies to the office of Bascos to draft the pour-over will and trust. Carmelita told Bascos to include certain provisions in the trust that would financially benefit her and Bascos included charities he is affiliated with, as beneficiaries of the new trust.
Bascos is the legal counsel for the Filipino American Council of Greater Chicago and is its registered agent. The FACC and its charities are being investigated by the Guardian.

Count IX –Professional negligence (malpractice) by Alfonso Bascos for preparing the estate documents for Davies, including a power of attorney for property, pour-over will and a trust.  Subsequently, Bascos sent letters to Catholic Charities Elder Abuse to prevent Catholic Charities from gaining information as to whether Carmelita Pasamba was financially exploiting Davies.

DEVIATED FROM PROFESSIONAL STANDARD

As Davies’ attorney,  Bascos carelessly, negligently, and irresponsibly breached his duties to his client, Davies; he failed to exercise reasonable or competent professional judgment, care, skill, or prudence, and he substantially deviated from accepted professional standards of practice.

Carmelita Pasamba, the named agent under the power of attorney and named successor trustee, used the legal documents that Bascos drafted to gain control of all of Davies’ assets, and converted more than $500,000 of Davies’ money to her family although each caregiver in the family was supposed to be paid $13 per hour. As a direct and proximate consequence of Bascos’ actions and inactions, Davies lost more than $500,000.
Count X-Breach of duty of care against St. Joseph Hospital. St. Joseph Hospital owed a duty of care to Davies, as a frequent patient at St. Joseph Hospital, who was financially exploited by Carmelita Pasamba, one of its employees, while she worked for St. Joseph Hospital as certified nursing assistant.

In 2008 alone, Mr. Davies was hospitalized twice at St. Joseph Hospital. St. Joseph Hospital knew or should have known of the financial exploitation by Carmelita Pasamba.  And Count XI – Failure to report elder abuse by St. Joseph Hospital. Ms. Rubio had a duty to report Carmelita Pasamba, under the Elder Abuse and Neglect Act, because she knew that Carmelita  has power of attorney for Mr. Davies that Pasamba used to steal money from Davies. (lariosa_jos@sbcglobal.net)

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PHOTO CAPTION:

Jocelyn Baker (jGLiPhoto Courtesy of Cook County Public Guardian)

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