SOME EXCERPTS FROM COURT PROCEEDINGS
Q. "How do you think it would affect Mr. Burnette if Mr. Jenkins were removed as Conservator?" A. "Well, I think it would have a negative effect because there is such a bond between the two of them and there's such a familiarity there and a consistency . . . And I think that if that bond were broken it would affect him negatively, physically and mentally." Diana Kodadek, Executive Director, Manorhouse Assisted Living, April 24, 2003 (Tr. 69).
Q. "Relative to those other patients, do you thing Mr. Jenkins provides an exceptional level of help for Mr. Burnette?" A. "He provides excellent care." Q. "Do you think the constant attention of Mr. Jenkins has prolonged his mental health, prolonged Mr. Burnette's mental health?" A. "Yes I do." Mary Lane, Nurse in charge of the Pavilion, Manorhouse Assisted Living, June 14, 2004 (Tr. 31, 32).
"Gary is a man who has a very tender, sensitive heart for people who are older, people who are needy. It's just his nature. Even animals. And he has a heart that is very outgoing to help people, not just Bill Burnette, but others that I know he just goes out of his way to help . . . So this man Burnette was his neighbor, a real gentleman, and it was just natural for Gary to become friends with him. And Gary's that kind of man himself. So when Mr. Burnette, his mind began to fail, Gary took a burden to help this man out all he could." William Boykin, pastor New England Seventh-day Adventist Church, April 24, 2003 (Tr. 135).
"Mr. Jenkins has done a fantastic job taking care of Bill. He takes him to the doctor. He takes him to the dentist . . . He takes him to church. He sees that he has clean clothes. And his [relatives], they've never took any interest in Bill that I know of. They don't know anything about his healthcare . . ." Wilton Orton, Mr. Burnette's friend of fifty years standing, June 14, 2004 (Tr. 26).
"Gary would bring Bill to our house . . . I have always cooked for Bill Burnette . . . Bill was a very active person . . . [Bill] just interacted great with Gary. I mean, we just had so much in common." Mary Orton, Mr. Burnette's friend of fifty years standing, March 9, 2005 (Tr. 68 - 70).
"Well, they're my neighbors, and . . . I've observed them to be friends of each other over a long period of years. Several times - I remember one time distinctly when Bill was ill, I saw Gary going up and carrying food that he cooked in his own kitchen to feed Bill dinner. I observed them going places together. I never saw any disagreement . . . They seemed happy in each other's presence." Thomas Turner, long-time close neighbor, March 9, 2005 (Tr. 46).
Q. "Do you think that Mr. Jenkins has a good effect or bad effect on Mr. Burnette in his treatment for him?" A. "A great effect. He's good for him . . .Well, really, if you want to be honest about it, it seems more like Mr. Burnette treated Mr. Jenkins like [he] was his son." Calvin Harris, Mr. Burnette's friend and neighbor of fifty years standing, March 9, 2005 (Tr. 118).
"I have observed that there's a close bond between Gary and Bill, and it seems that Bill just looks to Gary . . . It seems that he's just his life. I have observed how that Gary is so unselfishly interested in Bill's welfare. He sacrifices his own comforts and his own interest for Bill's well-being constantly. He's looking out for Bill . . . And I feel that if Bill was to be suddenly taken from Gary and Gary was to be taken out of his life, I feel it would be very devastating to Bill and even cruel. I feel that it would - it may even progress his disease. I feel he would be very unhappy . . . I have deep feeling and compassion for anyone that has Alzheimer's. Because my husband - I was his caregiver for several years." Doris Moxley, retired medical missionary, June 14, 2004 (Tr. 40,41).
"I have seen [Gary] with Bill and I know how they relate together. When Gary leaves the room . . . for a few minutes, Bill would look agitated, and he would be looking for him, and then, when Gary would come back . . . you would kind of see Bill's shoulders go down and his body relax and he would smile . . .[Gary is] wonderful with him, and I know because my mother has Alzheimer's now, and my father died with Alzheimer's . . . Gary is wonderful with him. He is always talking to him. He's always keeping him emotionally involved with what's going on . . . [If Gary Jenkins were removed from Mr. Burnette's care] I think that he would go down fast, because Alzheimer's people get used to the person they're with the most. . . And it hurts Alzheimer's people when you move them from someone. It's - they just don't live very long. The person they depend on is the only person they know . . . They have nothing else to go by." Elizabeth S. Wentworth, Mr. Burnette's friend of fifty years standing, March 9, 2005 (Tr.102-104).
"While the Court makes no findings concerning observations of alleged inappropriate touching of Mr. Burnette by Mr. Jenkins, such actions would merely be further evidence that Mr. Jenkins' relationship with Mr. Brunette is unhealthy." Chancellor Howell N. Peoples, Memorandum and Order removing Gary Jenkins as heathcare attorney in fact, March 16, 2005.
"Mr. Burnette's condition has been declining, i.e., becoming worse in terms of his memory and communication, over the last year or so, as testified to by Mr. Atchley, Mr. Hocking and Mrs. Orton." Chancellor W. Frank Brown, Memorandum Opinion and Order to sell Mr. Burnette's real estate Willed to Gary Jenkins, February 10, 2006.
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