Complaint Review: The Delaney at Lake Waco - Waco Texas

That’s right, Slick Willy and any party filing with him are permanently enjoined from filing in any state or federal court with prejudice.  The courts identified the false filings, the waste of time, and have labeled them as “frivolous.”  This was actually ordered in 2018, but now the gavel has been hammered into the desk.  It is over, people. 

Everything has been denied at a Federal level.  Slick and his girlfriend have once and for all pushed the wrong buttons with their lies and conspiracies.  Marcie is permanently denied to file on her mom’s behalf.  Frivolous Slick Willy has been permanently denied all rights to represent any party in this matter or any other matter in the future by the Federal Judicial system.

The United States Supreme Court has spoken, loud and clear!

Thanks for grading my paper, Slick.  I could do the same for your grammatically butchered posts, but that is futile.  “Never argue with an idiot, for they will bring you down to their level and beat you with experience.”

“I can file and represent a non-family member as I have a Statutory Durable Power of Attorney.”  Replace “as” with “if”  and that is why you have no tracktion here.  If it was as you misstate, there would be a different conversation altogether.

“ I can't find "fraudulous" in the dicktionary”  I am not using a dicktionary from the 70’s, Slick,  I live in reality.  I am not crazy about the accepted words these days, but they are there.

“No one has an MPA, and her other children are pathetic losers who are harming GREAT-GRANDMA.”  Actually, the children in question do. They are the ones that control the mail situation.  It is simply the law – you should check it out!

You are right, I had the wrong county in the Hunter Schreck story, my apologies.  Here it is:

“ECF No. 3 at 46-64. Schreck was charged with two felony counts of assault on a peace officer in Randall County, Texas”  Look it up, people.

A first year med student would recognize that with Wanda’s size and stature, a bowel blockage would have killed her within 10 days.  But that does not fit the narrative, does it Slick Willy?

Nice toy BB gun cane you are coming with!  For once you ARE following the law, that is actually legal in every state from Florida to here!  A pizza box as a shield should do the trick.  We do things a little differently here.

We do agree on one thing, however.  Nightbirde.  I will leave that as it is.

“The Delaney at Lake Waco is, in my opinion, a scam.  I think you are a liar. Please share your name so I can sue you for slander.  I look forward to a big welcome – Texas style.  Does that imply guns???”  You *think* that I am a liar?  Well, that is judgement left to better people.  I did not imply anything other than we protect our own here.  Once again, judgement left to better people.

No grammatical errors from me, d****ebagmann.

I have a Statutory Durable Power of Attorney.  

No one has an MPA, and her other children are pathetic losers who are harming GREAT-GRANDMA.  The United States Postal Inspector called me today.  He'll be delighted to know Doug, Michael, Krissy, and Sheila are the criminals.  There is no law allowing anyone to interfere with the mail of an elder, you mental giant with the ugliest shows I've ever seen.

Hunter Schreck was victim of attempted murder by 15 Amarillo police officers.  he was shot over 30 times with 50,000 volts of electricity.  Look it up.  U.S. District Court for the Northern District of Texas Case #2-21-CV-0022-Z-BR.

We have medical documentation of a Fecal Impaction.  When it's removed, I'll bring it over to your house.

Get your pizza ready.  Threaten me in person, and I will defend myself.

The Delaney at Lake Waco is, in my opinion, a scam.  I think you are a liar. Please share your name so I can sue you for slander.  I look forward to a big welcome – Texas style.  Does that imply guns???”  

The Delaney at Lake Waco fails in every regard. Judge Meyer in the 170th did not throw out the case.  He recused himself because he has dementia or an alcohol or drug problem. I can file and represent a non-family member as I have a Statutory Durable Power of Attorney.  Look it up, Clown. There are no glowing reviews.  I can't find "fraudulous" in the dicktionary. 

The photo is Barbara H, abused roommate of GREAT-GRANDMA.  Taken in Room 1005.  Can't find "fradulous" in the Dicktionary either. My modus operandi is to expose crooks.

This Bozo claims "As most people in the medical field know, residents in an Assisted Living facility here in Texas can leave at any time. They can literally walk out the door."  GREAT-GRANDMA can't.  She is unlawfully imprisoned and denied exit.  GREAT-GRANDMA has no other responsible children.  No one has an MPA, and her other children are pathetic losers who are harming GREAT-GRANDMA.

Marcie has done nothing wrong.  What an a$$.  Marcie and I have not worked together for years.  What a pathetic loser to say such stupid stuff. Marcie’s son never attacked two police officers in Ennis County or anywhere else.  No one has created false testimony.   

The Delaney at Lake Waco is, in my opinion, a scam.  I think you are a liar. Please share your name so I can sue you for slander.  I look forward to a big welcome – Texas style.  Does that imply guns???

The people associated with THE DELANEY AT LAKE WACO are all liars.

This miserable excuse for a human says:

"No need for me to look up 'Attorney in Fact.'  As you are well aware, 'Attorney in Fact' needs to be defined as to what decisions you can make in behalf of the Principal (in this case the Principal is Great Grandma).  With that, you need one of the handful of 'Power of Attorny' types filed.  Because of that, any 'Attorney in Fact' pre-defined declarations only take place if the person is declared incompacitated and cannot make sound decisions on their own." 

It's handfull, not handful.  It's Attorney, not Attorny.  It's incapacitated, not incompacitated.  As this miserable excuse for a human being should know, the Statutory Durable Power of Attorney specifies the powers.  And there is nothing to say those declarations "only take place if the person is declared incompacitated."  Texas Estates Code Chapter 752.

Sec. 752.001. USE, MEANING, AND EFFECT OF STATUTORY DURABLE POWER OF ATTORNEY. (a) A person may use a statutory durable power of attorney to grant an attorney in fact or agent powers with respect to a person's property and financial matters.

Sec. 752.004. LEGAL SUFFICIENCY OF STATUTORY DURABLE POWER OF ATTORNEY. A statutory durable power of attorney is legally sufficient under this subtitle if: (1) the wording of the form complies substantially with the wording of the form prescribed by Section 752.051; (2) the form is properly completed; and (3) the signature of the principal is acknowledged.

Slick goes on to say:

"Therefore: 1) As you have stated repeatedly, Great Grandma is falsly labeled with Alhzeimers and Dimentia falsly.  If that is the case, no "Attorney in Fact" can be enacted.  You painted yourself into a box there, Slick."

It's falsely, not falsly.  It's Alzheimer's, not Alhzeimers.  It's Dementia, not Dimentia.  And again, it's falsely, not falsly.

An Attorney-in-Fact can be named at any time.  There were two purported powers of attorney previously.  I believe both were forged and unlawfully notarized.  BUT, if GREAT-GRANDMA signed those, Slick seems to be saying they can't be valid because GREAT-GRANDMA made a mental illness.  Come on, your stupidity is mind-boggling.

Slick then claims:

"2) Even if she was deemed incompacitated, there is no 'Power of Attorney' or 'Attorney in Fact' filed in regards to Great Grandma with your name on it.  This is why the judge kept asking why you were opening your mouth in his courtroom. So point #1 does not apply either way."

It's incapacitated, not incompacitated.  Judge Jim Meyer appeared to have Dementia or be under the influence of drugs or alcohol or all of the above.  I appeared as a party named as a defendant, not pursuant to a power of attorney.  Look it up, Slick. 

More from Slick:

"3) Perhaps in the unlikely instance that you have 'Attorney in Fact' along with the required 'Power of Attorney' over Marcie, you could speak on her behalf.  But she would have to be deemed incapacitated. That is a possibility, but those powers to not extend to Great Grandma in any form." 

It's do not to.

Marcie has nothing to do with this, mental giant.  NO ONE has to be deemed incapacitated to execute a power of attorney.  You are either dumber than a box of rocks or a liar.  Or both.

More from Slick:

"Look it up, Slick.  But I have a feeling that you don't need to as well.  It just works with your false narritive."

It's narrative, Slick, not narritive.

There's nothing to look up.  Read Texas Estates Code Chapter 752 if you have the capacity.

More from Slick:

"BTW, there is no caption saying that the falsly depicted photo is someone named Barbara H or her roommate.  There is only one mentioin of a roommate and the only Barbara mentioned is when you slander an employee of The Delaney.  Do a search, if you are able."

It's falsely, not falsly.  It's mention, not mentioin.

https://www.yelp.com/biz_photos/the-delaney-at-lake-waco-waco-2?select=kDJeZjgy7EUk6hLK-F1F2w

There is no photo claiming to be Wanda Dutschmann, Slick.  There is a photo of Barbara H.  On Yelp, it is clearly identified as roommate, Barbara H.

You are truly pathetic.  I hope you go to prison for a long time for your participation in these crimes.

No need for me to look up "Attorney in Fact."  As you are well aware, "Attorney in Fact" needs to be defined as to what decisions you can make in behalf of the Principal (in this case the Principal is Great Grandma).  With that, you need one of the handful of "Power of Attorny" types filed.  Because of that, any "Attorney in Fact" pre-defined declarations only take place if the person is declared incompacitated and cannot make sound decisions on their own. 

Therefore:

1) As you have stated repeatedly, Great Grandma is falsly labeled with Alhzeimers and Dimentia falsly.  If that is the case, no "Attorney in Fact" can be enacted.  You painted yourself into a box there, Slick.

2) Even if she was deemed incompacitated, there is no "Power of Attorney" or "Attorney in Fact" filed in regards to Great Grandma with your name on it.  This is why the judge kept asking why you were opening your mouth in his courtroom. So point #1 does not apply either way.

3) Perhaps in the unlikely instance that you have "Attorney in Fact" along with the required "Power of Attorney" over Marcie, you could speak on her behalf.  But she would have to be deemed incapacitated. That is a possibility, but those powers to not extend to Great Grandma in any form. 

Look it up, Slick.  But I have a feeling that you don't need to as well.  It just works with your false narritive.

BTW, there is no caption saying that the falsly depicted photo is someone named Barbara H or her roommate.  There is only one mentioin of a roommate and the only Barbara mentioned is when you slander an employee of The Delaney.  Do a search, if you are able.

This person can't even read.  It's not MY Great-Grandma.  She died 65 years ago. I am an attorney-in-fact.  Look it up, brainiac. The photo is of Barbara H, Great-Grandma's roommate, and that was explained to one who can read.  Read the captions, if you are able.

I am filming a documentary titled "Killing Mom...Death at The Delaney of Lake Waco...Brought to You by Life Care Services."  This place needs to be shut down.

 

For the record, The Delaney had their biennial state inspection done this week and they passed with excellence.  In fact, not a single violation was found, which is not an easy feat with the strict state guidelines.  This is the required state inspection, separate than all the ones that Slick Willy has made happen. 

Additionally, Judge Meyer in the 170th did not throw out the case.  He ruled against Willy and Marcie and ruled with the Delany’s cross suit in stripping Marcie of her MPA and the restraining orders against Willy and Marcie (which are illegally not being followed as the harassment of emails and calls to the Delaney are non stop – Lawless in America).  Then Meyer he recused himself so he did not have to deal with it.

Willy had Marcia file again (contrary to his statements, Willy cannot file nor represent a non-family member as he is not a lawyer) and it landed in the 414th with Vicki Menard.  I am not sure what happened there, but I know Vicki and she would not put up with this charade at all.  Now he went to a state judge in Billy Ray Stubblefield, whom Willy says is finally honest. 

The problem is, for Willy to get his way Stubblefield is going to have to rule against two county judges, multiple state reports, and even a county mental health report.  Willy can demand these reports be made all he wants, but with every one he orders that comes back with zero violations and glowing reviews, it only solidifies the allegations are fraudulous. 

That photo does not depict the person or place in question.  It is fradulous as well (Lawless in America).

The claims above are contradictory and not even applicable in Texas.  A large part of the modus operandi of Willy is to clog the system of red tape and confusion in these cases, but the judges here have seen right through that.

As most people in the medical field know, residents in an Assisted Living facility here in Texas can leave at any time. They can literally walk out the door.  With the aforementioned medical issues, there are watchful eyes on her.  What is also not mentioned is that she has other children that are responsible, have MPA, and are very attentive to her and making any proper decisions that need to be made. 

Marcie has had it out for the court system in McLennan for some time.  She once sued a man because she claimed that she contracted anal herpes from him.  Her promiscuous past was entered into court.  Needless to say, it was dismissed once that was established.  The judge in that case tired of her and refused to expunge the evidence of her past.  This is all on record, people. Marcie and Slick Willy have worked together for years. 

After Marcie’s son attacked two police officers in Ennis County in a public altercation with many witnesses, he was subdued, arrested, and charged with 2 counts of assault on a law officer.  They created false statement and false testimony playing the “police brutality” card and trying to extort millions out of the county (Lawless in America).  They lost.  Slick has filed in many states, including South Dakota when he was a resident there.  He did not like what a website had to say about him.  He sued, he lost.  He tried to file an appeal, but he could not get the paperwork right and walked away from it and it was subsequently dismissed.

Some people on this planet work hard and earn an honest living, while others extort from large companies and governmental entities hoping for a bit of “hush” money.

Through all of this, the Delaney has chosen the high road and still cares for this woman and works with her family.  There is absolutely no obligation to do so.  They have taken the high road despite the lies and the bullying.  I am not at all associated with The Delaney in any way.  I am a proud citizen of Waco, a business owner, active in my community, and I love and care about where I live. 

I also have self-respect, integrity, and morality – a lost art in these times. We are honored and proud to have fantastic businesses like The Delany here, and they do not deserve to be slandered by the scum of humanity.  Go ahead, Willy, make your documentary and tell everyone when you are here.  Us Wacoans would love to give you a big welcome – Texas style.

 You are a LIAR & the point was you should’ve taken care of your great grandmother & she should’ve NEVER been put in Assisted Living. I HAVE BEEN IN THE FACILITY MORE THAN YOU I CAN PROMISE YOU THAT & YOU’RE THE ONE WHO IS CLUELESS.

You’re not even an attorney. You are a disgusting, vile human being using someone else’s picture to portray your great grandmother on the floor and THATS NOT EVEN HER. DISGUSTING!!! 

The various state agencies were called, and when they spoke to The Delaney at Lake Waco, they lied and lied and lied.  We have all the evidence.

I know what's going on because I work on this case 18-hours a day.   I will come to Texas the second someone will force The Delaney at Lake Waco to release her from their prison.  It certainly is taking a long time because The Delaney says they will have me arrested.  As soon as the abuse was discovered, her daughter immediately tried to remove her.  The Delaney at Lake Waco called the police and charged her with criminal tgrespassing.   

GREAT-GRANDMA IS BEING DENIED VIRTUALLY ALL OF HER STATUTORY RIGHTS AS A RESIDENT OF THE DELANEY AT LAKE WACO.

1. Texas Administrative Code Title 26, Part 1, Chapter 533, Subchapter E, Rule § 553.267 provides the Resident‘s Bill of Rights (“BILL OF RIGHTS”). [EXHIBIT 688.]
2. THE DELANEY AT LAKE WACO has made a mockery of the law as it regards GREAT-GRANDMA who resides in Room 1004 at THE DELANEY AT LAKE WACO, which lists itself as an “assisted living facility.”
3. MARCIE will address each of the provisions of the BILL OF RIGHTS to identify that 75% of the statutory rights have been violated for 14 months and counting.

VIOLATION #1:

(1) (A) A facility must provide a copy of the Residents' Bill of Rights to each resident; and

1. GREAT-GRANDMA has not been provided with a copy of the RESIDENTS’ BILL OF RIGHTS.
2. Nothing has been provided in response to requests by MARCIE and/or William.

VIOLATION #2:

(B) post the Residents' Bill of Rights, as provided by HHSC, in a prominent place in the facility and written in the primary language of each resident.

1. GREAT-GRANDMA and MARCIE have never seen a posting.

VIOLATION #3:

(2) A resident has all the rights, benefits, responsibilities, and privileges granted by the constitution and laws of this state and the United States, except where lawfully restricted. The resident has the right to be free of interference, coercion, discrimination, and reprisal in exercising these civil rights.

1. Many of the Constitutional Rights of GREAT-GRANDMA have been and are being violated.
2. GREAT-GRANDMA has been deprived of Constitutional, civil, and legal rights solely by reason of residence in an assisted living facility.
3. By their conduct, as described herein and in the THIRD AMENDED COMPLAINT, enforcing the arbitrary and fundamentally unfair procedures, Defendants acting under color of state law, deprived GREAT-GRANDMA of her rights to her Constitutional right to liberty without due process of law.
4. GREAT-GRANDMA has been denied Freedom of Movement, Freedom of Speech, Rights to Due Process, protection for unlawful seizure and wrongful imprisonment, right to make her own medical decisions, right to make her own legal decisions, and much more.
5. This is a violation of Texas Health and Safety Code Section 247.064(b)(14).
6. Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution (S. Constitution, Article IV, Section 2, Clause 1, which states, “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” Since the circuit court ruling in Corfield v. Coryell, 6 Fed. Cas. 546 (1823), freedom of movement has been judicially recognized as a fundamental Constitutional right. In Paul v. Virginia, 75 U.S. 168 (1869), the Court defined freedom of movement as “right of free ingress into other States, and egress from them.”  However, the Supreme Court did not invest the federal government with the authority to protect freedom of movement. Under the “privileges and immunities” clause, this authority was given to the states, a position the Court held consistently through the years in cases such as Ward v. Maryland, 79 U.S. 418 (1871), the Slaughter-House Cases, 83 U.S. 36 (1873) and United States v. Harris, 106 U.S. 629 (1883).
7. This is a violation of Texas Health and Safety Code Section 247.064(b)(13) and the Fourth Amendment to the U.S. Constitution.

VIOLATION #4:

(3) Each resident in the facility has the right to: (A) be free from physical and mental abuse, including corporal punishment or physical and chemical restraints that are administered for the purpose of discipline or convenience and not required to treat the resident's medical symptoms; (i) A provider may use physical or chemical restraints only if the use is authorized in writing by a physician or if the use is necessary in an emergency to protect the resident or others from injury.  (ii) A physician's written authorization for the use of restraints must specify the circumstances under which the restraints may be used and the duration for which the restraints may be used. (iii) Except in an emergency, restraints may only be administered by qualified medical personnel.

1. GREAT-GRANDMA is not free from mental abuse at THE DELANEY AT LAKE WACO.
2. She has been mentally abused by being forced to live in the Memory Care Unit at THE DELANEY AT LAKE WACO.
3. She has been physically abused by being locked in her room from the outside.
4. She has been physically abused by being denied her right to see a physician.
5. She has been physically abused by being denied food and water.
6. She has been physically abused by being denied relief from an inability to have a bowel movement for as long as three months.
7. She has been physically abused by being denied medical care from a physician who should have been able to treat her massive weight loss.
8. She has been physically abused by being denied care for her hearing loss.
9. She has been mentally abused by being denied her right to go to the hospital.
10. She has been mentally abused by being denied her various rights.

VIOLATION #5:

(3) Each resident in the facility has the right to: (B) participate in activities of social, religious, or community groups unless the participation interferes with the rights of others.

1. GREAT-GRANDMA has been denied participation in all activities.

VIOLATION #6:

(3) Each resident in the facility has the right to: (E) be treated with respect, consideration, and recognition of his or her dignity and individuality, without regard to race, religion, national origin, sex, age, disability, marital status, or source of payment. This means that the resident: (i) has the right to make his or her own choices regarding personal affairs, care, benefits, and services; (ii) has the right to be free from abuse, neglect, and exploitation; and (iii) if protective measures are required, has the right to designate a guardian or representative to ensure the right to quality stewardship of his or her affairs.

1. THE DELANEY AT LAKE WACO and its staff have failed to provide considerate and respectful care that recognizes the dignity and individuality of GREAT-GRANDMA.
2. GREAT-GRANDMA has been abused, neglected, ignored, and exploited by her sons with the aid of THE DELANEY AT LAKE WACO.
3. The staff of THE DELANEY AT LAKE WACO has lied about GREAT-GRANDMA.
4. The staff of THE DELANEY AT LAKE WACO has routinely denied GREAT-GRANDMA’s right to make her own choices regarding personal affairs, care, benefits, and services.
5. The staff of THE DELANEY AT LAKE WACO has denied GREAT-GRANDMA the right to designate a representative to ensure the right to quality stewardship of her affairs.

VIOLATION #7:

   (3) Each resident in the facility has the right to: (F) a safe and decent living environment.

1. Texas Health and Safety Code Section 247.064(b)(10) provides:

“a safe and decent living environment and considerate and respectful care that recognizes the dignity and individuality of the resident.”

1. THE DELANEY AT LAKE WACO and its staff have failed to provide a safe and decent living environment.
2. THE DELANEY AT LAKE WACO is unsafe.
3. GREAT-GRANDMA was held in an unsafe environment when she has been kept in a locked area with no means of escape. That dangerous situation was made much worse when the door to her room was locked from the outside for several days.
4. GREAT-GRANDMA is held in an unsafe environment when she has no means of communications to seek help.
5. GREAT-GRANDMA is held in an unsafe environment when the only telephone available to her has 911 calls blocked.
6. Room 1004 at THE DELANEY AT LAKE WACO is not a decent living environment.
7. The so-called “Memory Care Unit” at THE DELANEY AT LAKE WACO is neither a safe nor decent living environment.
8. THE DELANEY AT LAKE WACO and its staff have failed to provide considerate and respectful care that recognizes the dignity and individuality of GREAT-GRANDMA.
9. This is a violation of Texas Health and Safety Code Section 247.064(b)(10).

VIOLATION #8:

   (3) Each resident in the facility has the right to: (G) not be prohibited from communicating in his or her native language with other residents or employees for the purpose of acquiring or providing any type of treatment, care, or services.

1. GREAT-GRANDMA has been prohibited from communicating with other residents or employees for the purpose of acquiring treatment, care, or services.
2. She has been denied a doctor.
3. She has been denied treatment.
4. She has been denied basic services.

VIOLATION #9:

(3) Each resident in the facility has the right to: (H) complain about the resident's care or treatment. The complaint may be made anonymously or communicated by a person designated by the resident. The provider must promptly respond to resolve the complaint. The provider must not discriminate or take other punitive action against a resident who makes a complaint.

1. GREAT-GRANDMA has complained, and MARCIE and WINDSOR have complained. THE DELANEY AT LAKE WACO, ITS STAFF, Barbara, and David have done nothing to resolve the complaints except lie.
2. GREAT-GRANDMA has been discriminated against as a result.

VIOLATION #10:

(3) Each resident in the facility has the right to: (I) receive and send unopened mail, and the provider must ensure that the resident's mail is sent and delivered promptly.

1. GREAT-GRANDMA has been denied the right to receive and send unopened mail. GREAT-GRANDMA has been denied the right to have unrestricted communications.
2. GREAT-GRANDMA has been denied the right to receive and send unopened mail. This is a violation of Texas Health and Safety Code Section 247.064(b)(4). 
3. EXHIBIT 228 is mail that was opened, and two of the three envelopes were not given to GREAT-GRANDMA. EXHIBIT 338 is FedEx documentation of the delivery.  Exhibit 325 is an audio recording of GREAT-GRANDMA reporting interception of mail.  EXHIBIT 229 is an email to the attorney for DEFENDANTS about the mail theft.
4. EXHIBIT 464 is proof of mail sent to GREAT-GRANDMA by William that she has not been given. EXHIBITS 692 and 693 are proof of mail sent to GREAT-GRANDMA by William that she has not been given.  This is a violation of Texas Health and Safety Code Section 247.064(b)(4).
5. This is a violation of United States Postal Service Regulations.
6. This is a violation of the purported policies of THE DELANEY AT LAKE WACO.
7. This has denied GREAT-GRANDMA, MARCIE, and William the ability to communicate.
8. This is a violation of 18 U.S.C. 1703:

“Whoever, without authority, opens, or destroys any mail or package of newspapers not directed to him, shall be fined under this title or imprisoned not more than one year, or both.”

1. This is a violation of 18 U.S.C. 1708:

“Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or

“Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or

“Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted—

“Shall be fined under this title or imprisoned not more than five years, or both.”

VIOLATION #11:

(3) Each resident in the facility has the right to: (J) unrestricted communication, including personal visitation with any person of the resident's choice, including family members and representatives of advocacy groups and community service organizations, at any reasonable hour.

1. GREAT-GRANDMA is being denied unrestricted communication, including personal visitation with any person of the resident’s choice, at any reasonable hour, including family members and representatives of advocacy groups and community service organizations.
2. Visitation has been denied to MARCIE, William, old friend Betty, grandson Hunter, son-in-law William, grandson Logan, witnesses, notaries, a court reporter, and others.
3. This is a violation of Texas Health and Safety Code Section 247.064(b)(7).

VIOLATION #12:

(3) Each resident in the facility has the right to: (K) make contacts with the community and to achieve the highest level of independence, autonomy, and interaction with the community of which the resident is capable.

1. GREAT-GRANDMA has been cut off from contact with the community. She has no interaction.  She has no independence or autonomy.  She is denied her rights.  She has never been allowed to see a doctor, and she has lost as much as 40 pounds.  She no longer has the strength to eat or lift a pitcher to pour some water to drink, so what little she had has been taken away.
2. GREAT-GRANDMA has been falsely labeled as a resident with Dementia and Alzheimer’s, but there has never been such a medical diagnosis. That label ripped her out of “the community” and put her behind locked doors with no life.

VIOLATION #13:

(3) Each resident in the facility has the right to: (L) manage his or her financial affairs.  (i) The resident may authorize in writing another person to manage his or her money.  (ii) The resident may choose the manner in which his or her money is managed, including a money management program, a representative payee program, a financial power of attorney, a trust, or a similar method, and the resident may choose the least restrictive of these methods.  (iii) The resident must be given, upon request of the resident or the resident's representative, but at least quarterly, an accounting of financial transactions made on his or her behalf by the facility should the facility accept his or her written delegation of this responsibility to the facility in conformance with state law.

1. GREAT-GRANDMA has been denied this right. She withdrew any powers on attorney on 12/21/2021. [EXHIBIT 12.]  That leaves her without anyone with the right to manage her financial affairs.  The DELANEY AT LAKE WACO has subsequently blocked all of GREAT-GRANDMA’s efforts to execute the Statutory Durable Power of Attorney naming MARCIE to handle her financial affairs.

VIOLATION #14:

(3) Each resident in the facility has the right to: (M) access the resident's records, which are confidential and may not be released without the resident's consent, except: (i) to another provider, if the resident transfers residence; or (ii) if the release is required by another law.

1. GREAT-GRANDMA has been denied her records.
2. A purported medical record was made public without GREAT-GRANDMA’s consent.

VIOLATION #15:

(3) Each resident in the facility has the right to: (N) choose and retain a personal physician and to be fully informed in advance about treatment or care that may affect the resident's well-being.

1. GREAT-GRANDMA has been denied the personal physician of her choice.
2. And in the 4 months GREAT-GRANDMA has lived at The DELANEY AT LAKE WACO, she has NEVER seen a physician.

VIOLATION #16:

(3) Each resident in the facility has the right to: (O) participate in developing his or her individual service plan that describes the resident's medical, nursing, and psychological needs and how the needs will be met.

1. GREAT-GRANDMA has no service plan.
2. Her needs are not met.

VIOLATION #17:

(3) Each resident in the facility has the right to: (P) be given the opportunity to refuse medical treatment or services after the resident: (i) is advised by the person providing services of the possible consequences of refusing treatment or services; and (ii) acknowledges that he or she understands the consequences of refusing treatment or services.

1. GREAT-GRANDMA has demanded that she be taken to the hospital, and she has been denied again and again and again.
2. No one has ever given a valid explanation of why she is being denied, because there is no valid reason. She, and only she, can make the decision about how she wants to be treated medically.  Her rights were ignored.

VIOLATION #18:

(3) Each resident in the facility has the right to: (Q) unaccompanied access to a telephone at a reasonable hour or in case of an emergency or personal crisis.

1. GREAT-GRANDMA has been denied a way to communicate with the staff of THE DELANEY AT LAKE WACO for help except by screaming. There is no intercom; there is no cord that can be pulled for help; there is no call button; there is no telephone.  There isn’t even a tin can with a waxed string.
2. GREAT-GRANDMA has been denied unaccompanied access to a telephone at a reasonable hour or in case of an emergency or personal crisis at THE DELANEY AT LAKE WACO.
3. There is no phone in the room of GREAT-GRANDMA at THE DELANEY AT LAKE WACO.
4. GREAT-GRANDMA has been locked in Room 1004 with no access to the phone.
5. The phone in the hall of THE DELANEY AT LAKE WACO will not allow 911 calls that GREAT-GRANDMA has attempted to make. This has denied GREAT-GRANDMA the right to call 911 for help.
6. This is a violation of Texas Health and Safety Code Section 247.064(b)(5).
7. This is a violation of the purported policies of THE DELANEY AT LAKE WACO.
8. This has denied GREAT-GRANDMA, MARCIE, and William the ability to communicate.

VIOLATION #19:

(3) Each resident in the facility has the right to: (R) privacy, while attending to personal needs and a private place for receiving visitors or associating with other residents, unless providing privacy would infringe on the rights of other residents. (i) This right applies to medical treatment, written communications, telephone conversations, meeting with family, and access to resident councils. (ii) If a resident is married and the spouse is receiving similar services, the couple may share a room.

1. Texas Health and Safety Code Section 247.064(b)(6) provides:

“The residents’ bill of rights must provide that each resident in the assisted living facility has the right to: privacy.”

1. Upon information and belief, the phone calls of GREAT-GRANDMA are being recorded without her consent. This is an invasion of privacy.
2. GREAT-GRANDMA’s mail has been opened and withheld from her.
3. The clothing and hearing aid of GREAT-GRANDMA have been stolen.
4. GREAT-GRANDMA has been denied visitors, written communications, telephone conversations, and more. She doesn’t even have privacy when she is locked into her tiny room because she has a roommate who doesn’t know who she is, where she is, or anything else.
5. This is a violation of Texas Health and Safety Code Section 247.064(b)(6).

VIOLATION #20:

(3) Each resident in the facility has the right to: (S) retain and use personal possessions, including clothing and furnishings, as space permits, and may be limited for the health and safety of other residents.

1. GREAT-GRANDMA’s mail has been opened and withheld from her.
2. The clothing and hearing aid of GREAT-GRANDMA have been stolen.
3. There is a locked cabinet in her room, but she is denied a key.

VIOLATION #21:

(3) Each resident in the facility has the right to: (U) retain and use personal property in his or her immediate living quarters and to have an individual locked area (cabinet, closet, drawer, footlocker, etc.) in which to keep personal property.

1. Texas Health and Safety Code Section 247.064(b)(3) provides:

“(b) The residents’ bill of rights must provide that each resident in the assisted living facility has the right to: (3) retain and use personal property in the resident’s immediate living quarters and to have an individual locked cabinet in which to keep personal property….”

1. GREAT-GRANDMA has been denied the right to retain and use personal property in her immediate living quarters and to have an individual locked cabinet in which to keep personal property.
2. There is a locked cabinet, but no key.
3. Her hearing aid has been stolen or lost.
4. Her clothing has been stolen.

VIOLATION #22:

(3) Each resident in the facility has the right to:

 (W) be informed by the provider no later than the 30th day after admission: (i) whether the resident is entitled to benefits under Medicare or Medicaid; and (ii) which items and services are covered by these benefits, including items or services for which the resident may not be charged.

1. GREAT-GRANDMA was not informed.
2. Requests for records to THE DELANEY AT LAKE WACO have been ignored.
3. MICHAEL and DOUG have said they have not received any money from Medicare, Medicaid, or Social Security.

VIOLATION #23:

(3) Each resident in the facility has the right to: (Z) leave the facility temporarily or permanently, subject to contractual or financial obligations.

1. GREAT-GRANDMA has been repeatedly denied the right to leave the facility temporarily or permanently.
2. There are no contractual or financial obligations that will prohibit this. The Fourth Amendment to the Constitution and Texas law provides that she has the right to leave.
3. Texas Health and Safety Code Section 247.064(b)(13) provides:

“(b) The residents’ bill of rights must provide that each resident in the assisted living facility has the right to: (13) leave the facility temporarily or permanently….”

1. MARCIE and William have been denied the right to facilitate GREAT-GRANDMA’s right to leave THE DELANEY AT LAKE WACO temporarily or permanently.
2. The Delaney at Lake Waco, LCS Waco Operations LLC, Life Care Companies LLC, Life Care Services LLC, Joel, Scott, Paula, Alyssa, Marlene, Alma, Connie, Sandra, Krista, Falls Community Hospital/Clinic, M., J., David, Barbara, Michael, Doug, Jill, Krissy, City of Waco, Dillon, Waco Police Department, Chief of Police Sheryl, John, Tyler, Paul, Aaron, Timothy, Vaughn, American Medical Response, Susan, Nichol, Lewis, Jim, Mason Dunnam, Bridgette, Craig, Michelle, Brandon, David, Haley, Susan, Area Agency on Aging, Texas Department of Family and Protective Services, Adult Protective Services, Texas Health and Human Services, Jim, Trisha, McLennan County, and Does have denied GREAT-GRANDMA the right to leave.
3. Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution (S. Constitution, Article IV, Section 2, Clause 1, which states, “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” Since the circuit court ruling in Corfield v. Coryell, 6 Fed. Cas. 546 (1823), freedom of movement has been judicially recognized as a fundamental Constitutional right. In Paul v. Virginia, 75 U.S. 168 (1869), the Court defined freedom of movement as “right of free ingress into other States, and egress from them.”  However, the Supreme Court did not invest the federal government with the authority to protect freedom of movement. Under the “privileges and immunities” clause, this authority was given to the states, a position the Court held consistently through the years in cases such as Ward v. Maryland, 79 U.S. 418 (1871), the Slaughter-House Cases, 83 U.S. 36 (1873) and United States v. Harris, 106 U.S. 629 (1883).

VIOLATION #24:

(3) Each resident in the facility has the right to:

(AA) have access to the State Ombudsman and a certified ombudsman.

1. GREAT-GRANDMA has not been given access to any ombudsman.
2. MARCIE and William spoke with the facility ombudsman, but she did nothing and ignored the law and all the wrongdoing.
3. Susan and Area Agency on Aging have now been named as DEFENDANTS in this case.

VIOLATION #25:

(3) Each resident in the facility has the right to: (BB) execute an advance directive, under Texas Health and Safety Code, Chapter 166, or designate a guardian in advance of need to make decisions regarding the resident's health care should the resident become incapacitated.

1. The DEFENDANTS have ignored Texas Health and Safety Code, Chapter 166.
2. DEFENDANTS have denied GREAT-GRANDMA her right to execute an advance directive or any legal documents.
3. Texas Health and Safety Code Sec. 166.155. REVOCATION:

(a) A medical power of attorney is revoked by: (1) oral or written notification at any time by the principal to the agent or a licensed or certified health or residential care provider or by any other act evidencing a specific intent to revoke the power, without regard to whether the principal is competent or the principal’s mental state; or

(b)  A principal’s licensed or certified health or residential care provider who is informed of or provided with a revocation of a medical power of attorney shall immediately record the revocation in the principal’s medical record and give notice of the revocation to the agent and any known health and residential care providers currently responsible for the principal’s care.

1. GREAT-GRANDMA revoked any powers of attorney, and the DEFENDANTS have ignored it.
2. The Medical Power of Attorney says:

“I understand that this power of attorney exists indefinitely from the date I execute this document unless I establish a shorter time or revoke the power of attorney.

“Your agent is obligated to follow your instructions when making decisions on your behalf.”

“Once you have signed this document, you have the right to make health care decisions for yourself as long as you are able to make those decisions, and treatment cannot be given to you or stopped over your objection.  You have the right to revoke the authority granted to your agent by informing your agent or your health or residential care provider orally or in writing or by your execution of a subsequent medical power of attorney.”

1. Texas Health and Safety Code, Chapter 166 authorizes a medical power of attorney under Subchapter D.
2. On 12/21/2021, MARCIE prepared a medical power of attorney for GREAT-GRANDMA, and she met a notary and two witnesses at THE DELANEY AT LAKE WACO to execute the legal document. THE DELANEY AT LAKE WACO refused to bring GREAT-GRANDMA from her locked room out to sign.  THE DELANEY AT LAKE WACO then called the WACO POLICE DEPARTMENT and attempted to have her arrested for criminal trespassing.
3. Subsequent efforts to get the legal documents witnessed and notarized have been similarly denied. Mail from MARCIE and William containing the legal documents were stolen by THE DELANEY AT LAKE WACO.  A deposition was denied where GREAT-GRANDMA would have executed the documents.  Ambulances were turned away that would have transported GREAT-GRANDMA to the hospital where she would have ultimately signed.  GREAT-GRANDMA was twice denied knowledge of subpoenas to testify where she would have signed.  GREAT-GRANDMA, MARCIE, and William have repeatedly demanded that GREAT-GRANDMA be released from THE DELANEY AT LAKE WACO, but they were always ignored or denied.

JUSTIFICATION FOR TEMPORARY RESTRAINING ORDER

1. In order to obtain a temporary injunction, a party must prove a cause of action, a probable right to the relief sought, and a probable, imminent, and irreparable injury in the interim. MARCIE and William have a substantial likelihood of success on the merits. 
2. GREAT-GRANDMA has been victimized by repeated violations of the laws and the rules that THE DELANEY AT LAKE WACO is obligated to adhere to in order to maintain its license to operate. Many of these are causes of action on which relief must be granted.
3. GREAT-GRANDMA needs to go to the hospital and see a real doctor. She needs her legal documents executed and in place.  She needs her assets and her life to be protected.  She could die at any moment.  That would irreparably harm GREAT-GRANDMA, and it would end the commitments of MARCIE and William to save her.
4. The defendants have interfered with the prospective contracts between GREAT-GRANDMA and MARCIE and William. The DEFENDANTS have interfered with the STATUTORY DURABLE POWER OF ATTORNEY, MEDICAL POWER OF ATTORNEY, the HIPAA Release, and last will and testament.
5. There is an absolute probability that MARCIE and William would have entered into a contractual relationship because GREAT-GRANDMA has already signed the STATUTORY DURABLE POWER OF ATTORNEY, MEDICAL POWER OF ATTORNEY, and last will and testameNt.
6. Independently tortious or unlawful acts by defendants prevented the relationship from occurring. DEFENDANTS have taken almost incomprehensible efforts to block MARCIE from obtaining the signatures of a notary and witnesses on the contracts.
7. The defendants did such acts with a conscious desire to prevent the relationship from occurring or the defendants knew the interference was certain or substantially certain to occur as a result of the conduct.
8. MARCIE suffered actual harm or damages as a result of the defendants’ She has been denied the right to act for her mother and protect her.  She has been denied the right to enforce GREAT-GRANDMA’s medical choices.  She has been denied the benefits granted to MARCIE and her family in the last will and testameNt.  She has been threatened with arrest, which harmed her.  And now, Doug has sued MARCIE and William in the name of GREAT-GRANDMA.  DOUG had no authority to do that, and GREAT-GRANDMA is very upset about that.
9. DEFENDANTS have intentionally and recklessly inflicted mental suffering and emotional distress on GREAT-GRANDMA, MARCIE, and William. Their conduct has been outrageous.  Their conduct has caused and continues to cause emotional distress.  The emotional distress has been and is severe.  When the jury hears the whole story, they will certainly say “This is outrageous.”

The above is sworn under penalty of perjury in McLennan County District Court Case #2021-3814-5.

 

Or did you even call the state to investigate?? If you are not even in the area how do you know what is going on? Good luck and when are you going to come to Texas from Florida to pick this individual up? Sure is taking a long time - and you should have picked up this individual when you noticed the "abuse" just saying and YES I work at a SNF 

     Sadly, this woman doesn't have a clue.  There are no fun activities when you are imprisoned there.  My complaint says nothing whatsoever about "a nursing home, and I am mistaken about absolutely nothing.

     The facility simply neglects and abuses people.  The only way I will work with them is to continue to get all of them imprisoned.

     I am working on an analysis of the Resident's Bill of Rights.  23 provisions have been violated many, many times.  I'll print it here when completed.

     I wonder if this woman's knowledge of the facility comes from seeing residents locked in their rooms from the outside with no ability to get out and no means of communication from behind the bolted door.  I wonder if this woman's knowledge of the facility comes from seeing residents denied the right to see a doctor for the entire 14 months held in captivity there.  Or residents denied food and water?

     Clueless people should not comment on things they know nothing about.

 

As to the other rebuttal:

The Delaney and the people who work there do not love the residents.  I am taking care of this sweet lady, but she is not a family member.  What an outrageous claim that I have filed a FALSE report.  Nothing in it is false, and I so swear under penalty of perjury.

This is not my grandmother.  I am 73-years old, disabled, and live in Florida.  I will come to Waco soon to film a documentary about the neglect and abuse.  Feel free to come by and be interviewed.  I will be just off the access road near the two entrances to this Hell hole.  I work for GREAT-GRANDMA 18-hours-a-day.  

I would be happy for GREAT-GRANDMA to come to Florida.  I'll take care of her, but The Delaney says I will be arrested.  They won't let her out...which is her right.

There has been no case thrown out.  You, too, are clueless.

 The Delaney is a great place to live. Excellent community with fun activities. It is an individual living community as well as an Assisted Living Facility with Memory Care facilities. It is not a nursing home so this man is mistaken & should concentrate on working with the facility to LOVE & CARE FOR HIS GREAT GRANDMOTHER.

 I have personal knowledge of the care that goes on in The Delaney and the people who work there love ALL residents. It’s too bad family members who live in other states aren’t taking care of their loved ones but want to file FALSE reports on a caring facility who give 110% to the well being of their residents. It is not easy to care for the elderly & especially ones dealing with beginning stages of Alzheimer’s & dementia. It’s DEVASTATING.

If the individual filing this false report spent even 1/2 as much time taking care of his great grandmother as he does bashing the facility she was placed in by "someone,” grandmother may be better off. Why are you in Florida but grandmother is in Texas? Why isn’t grandmother in Florida with YOU? I’m sure that’s not the Delaney’s fault.

THE DELANEY IS A WONDERFUL COMMUNITY & the sad truth is unfortunately accidents do happen & Alzheimer’s & dementia are real diseases that families aren’t equipped to deal with. You should be working with the facility to HELP & LOVE YOUR GRANDMOTHER. I have been inside the building & seen the care FIRST HAND. Didn’t the judge throw your case out? DO BETTER