Texas woman with mental illness fights bank to control her life

From the Dallas Morning News:

Michelle Cohen (pictured) is petrified about her upcoming court hearing. For weeks, she's been frantically calling attorneys in hopes of preventing a decision she fears will change her life.

A bank is asking a court to appoint a guardian for Cohen, who is mentally ill and who has a trust fund at the bank. But what Cohen wants is to be left alone. To live how and where she pleases. To spend her trust fund money on whatever she wants. To be like other people – those without a mental illness.

"I'm fully competent to handle my own affairs," said Cohen, a Dallas resident who turns 41 this month. "Nothing good will happen if I have a guardian. I'll probably wind up in a group home. I have a lot to fear about that."

Cohen's situation exemplifies the tug of war that exists between letting people with mental illness live independent lives, while also trying to protect them. Her case came to the attention of DMN Problem Solver after she contacted the newspaper.

"Guardianship is the most restrictive thing that can happen in an outpatient setting to a person with mental illness. It can help when people need it," said Matt Roberts, executive director of the National Alliance on Mental Illnesses in Texas. "It's difficult to get a guardian in Texas, and it's probably not bad that it is difficult."

American National Bank, which oversees the Henrietta Neufeld Cohen Trust, believes this is a case where it is warranted, filing for a limited permanent guardianship of Cohen and the estate last June.

At one point, the trust left to Cohen by her paternal grandmother was worth nearly half a million dollars. But when the Flower Mound branch of American National took it over last January from Wachovia, the account had dwindled to about $135,000. The balance is roughly $50,000 now, according to trust accounting records. The bank has been responsible for spending a portion of that in its attempt to have a guardian named.

After delays last fall, the case is now scheduled to be heard Tuesday by Judge Don Windle in Denton County probate court.

In a court filing, the bank points out that Cohen's mental illness means she is not always able to make good decisions. She has "impaired impulse control, behavioral problems and poor judgment and insight, which affects her ability to manage her affairs. The degree of the incapacity is partial," the filing said.

It's not clear why the bank has adopted this cause. Carol Dabner, an attorney with Underwood, Perkins & Ralston in Dallas, represents the bank. She said that she could not comment about the specifics of the case. The court's actions could range from doing nothing to making decisions on Cohen's money and where she lives.

When informed about Cohen's case, many independent observers involved in guardianship work say they believe that American National is acting out of kindness in an attempt to protect Cohen's money for the long-term. The bank branch has a reputation in North Texas of taking on estates that are small and difficult.

The Texas court system wasn't created to handle cases involving people who have mental illness but who are still functional, experts say. Since their ability to function normally can vary daily, or even hourly, setting long-term rules is difficult.

"Finding that balance between promoting liberty and protecting people is one of the most challenging things the court has to deal with," said Max Higgs, a retired judge in El Paso, who spent his career hearing cases involving wills, guardianship and mental health. He is not involved with the Cohen case.

But the upcoming court hearing is also different from most because an institution filed for the guardianship. In most mental health cases for someone this young, it's a family member asking for the court to step in. Since the process is time consuming and decisions are so hard, it's easier for institutions to stay out of it altogether, probate attorneys say.

Cohen has fought off previous attempts to lose her own authority, including one that did involve her family. Five years ago in Alabama, her mother, Karen Jorgensen, was at one point named her guardian, but it didn't last.

"I am praying a guardianship will be done," said Jorgensen, who lives in Lillian, Ala. "In the last three years, Michelle has gone through a trust fund that her grandmother set up for a lifetime."

Jorgensen said she always knew something wasn't quite right with her daughter. "At birth, she was underweight and severely delayed in her development all along," she said. "She had lots and lots of therapy and opportunities. What we did was do the most we could so she could live an independent life. It was probably the biggest mistake I ever made."

Jorgensen said she decided to seek guardianship when she discovered that Cohen was letting men recently released from prison live in her home.

After the guardianship was put in place, Cohen rebelled. She stopped letting her mother into her home. She then left Alabama, living in numerous states. The guardianship was dissolved. "I haven't had any contact with Michelle in the last five years," said Jorgensen. "She doesn't want to talk to me. It's a horrible story."

Cohen doesn't want to speak with her mother. "I don't talk to people who don't think I'm competent," she said.

She needs medication for her schizoaffective disorder, which is described as an illness that affects emotion and behavior. Several doctors have provided medical evidence to the court attesting to a range of impairment.

Cohen said she does have the illness, but doesn't think it should result in her living with a guardian. "I can't work because of my disability. I get really stressed out. I also have trouble walking. I do have a mental illness, and I take my medication every day. I see a care representative," she said. "But I am able to live on my own, feed myself [and] drive. I am competent. I deserve to handle my own funds. I'm a fully capable woman."

Speaking at her apartment, Cohen apologized for the mess in which she lives. She looked at the clothing and juice and cat food cans that littered the floor as she explained that she knows her unclean home has shown up in court filings and reports, but it's still not a priority for her.

"I know it's bad. That's what cleaning ladies are for," she said.

She provided in writing 35 ways in which she is proficient at living on her own – as proof, she said, that she is competent. Included on the list: She gasses and changes the oil in her van; she has a driver's license; she takes care of her cat, Blossom, whom she adopted from a shelter more than seven years ago; and she graduated from high school.

She said she's frustrated that whenever she gets angry about the court proceedings, it's considered part of her illness. It's as if whatever action she takes, the fight is held against her, she said, adding that anyone she gets on her side is viewed as someone who could be exploiting her.

"I feel so victimized. I feel so boxed in," she said.

Since the case began, Cohen has called countless attorneys looking for someone to represent her and in two instances spent a total of more than $17,000. "Isn't that what you would do?" she asked.

The court appointed attorney Lori Talbot of Springer & Lyle in Denton to represent Cohen's interests, but Cohen has made it clear she wants to choose her own lawyer. "She doesn't believe in me. She thinks I have a lot of problems," Cohen said.

Talbot has asked to be removed from the case so Cohen can proceed. "This has been challenging in all aspects," Talbot said.

Richard LaVallo, legal director of Advocacy, Inc., which works to protect the civil rights of the mentally ill, said he believes that Cohen "has the right to fight the guardianship and to be allowed to make her own decisions. ... The bottom line is an individual has the due process right to argue guardianship. If they have the resources to obtain a lawyer, they should be allowed to do it."

Since American National took over the account, records show the money has been mostly spent on the lawyers Cohen hired, lawyers the bank hired, extended-stay hotels, personal items and other living expenses.

Cohen has indeed run up a lot of debt. She owes more than $100,000 for various credit cards, vehicles and property, according to court records.

"It appears to me that Michelle A. Cohen has developed a sense of entitlement to spend down her trust and she appears to not care if she exhausts the trust," said a report filed by a court investigator. "She does not appear to be able to budget her financial investment, no matter how much professionals attempt to advise her."

A guardianship could help her with her debt, said Higgs. "The guardianship process is not unlike bankruptcy," he said. "The guardianship would give you some protection from creditors."

Even though it would help preserve her money, Cohen is not interested.

She yearns for the freedom of making her own decisions even though people tell her what she wants could ultimately hurt her.

"They say I'm incapacitated because I'm a slob? I won't be able to spend my money where I want, live where I want. I'm terrified," she said.