Son granted emergency conservatorship in Life Care Centers case

The emergency conservatorship hearing in Bradley County Chancery Court over Forrest Preston.

CLEVELAND, Tenn. (WDEF)- A hearing regarding who has control of essential documents and decisions at Life Care Centers of America was held in Cleveland Wednesday.

Aubrey Preston’s motion to obtain emergency conservatorship over his father, Forrest Preston’s affairs, were approved by a judge in Bradley County.

Forrest Preston is the owner and founder of Life Care Centers of America, our country’s largest private nursing home company with thousands of patients in 27 states.

His son says that this decision is a win for not just his family, but all of those involved with the company.

Preston said, “We’re relieved… It kind of came in like the clouds on us.”

That relief, Aubrey Preston says, has been needed for years for his family and Life Care Centers of America since his father Forrest, married Kim Phong Nguyen in a manner he says was secretive.

He says that since their marriage, she has shunned his family and has threatened executives at Life Care Centers while his father’s health declines at the age of 91.

Preston said, “From that day forward, my brothers and sisters, none of us were allowed to be at his house, we’ve never been at his house. I know it sounds crazy. I think it sounds crazy.”

The emergency conservatorship gives Aubrey Preston important responsibility over his father’s affairs.

Aubrey Preston’s attorney, Gary Patrick, said, “He has the powers in connection with Todd Fletcher, the President of Life Care, and Steve Ziegler, the Chief Financial Officer, to make all decisions. Execute whatever loan documents are necessary, for Life Care and all of its affiliates and its entities that Mr. Preston has.”

Preston will also have the right to withhold his father from getting a passport.

This was due to flight concerns brought up against Kim Preston by him, after he said he was told she was gathering documents for the purpose of getting passports to leave the country before a permanent conservator hearing.

He will also get the right to have a daily visit with his father, and his family a weekly visit, without Kim Preston or her siblings present.

Additionally, he will get final say on his father’s medical decisions and Kim and Forrest Preston are limited to $25,000 a week in personal expenditures.

Forrest and Kim Preston were not in the courtroom on Wednesday.

Their attorneys argued that many of the claims levied against Kim Preston were not true.

Madeline Phifer, who represented Kim Preston, told the judge, “If the court finds that an emergency conservatorship is necessary, Kim has no desire to run Life Care, be in charge of business decisions, or manage Forrest’s personal finances.”

William Horton, representing Forrest Preston, said that a doctor had deemed him fit and should be granted a “presumption of competency”.

Patrick disputed the validity of that doctor’s findings as Forrest Preston had not seen two other physicians that he was asked to see by the court.

The judge ultimately ruled that the weight of multiple affidavits from Life Care executives recommending that Aubrey Preston be made conservator, testifying to Forrest Preston’s declining health and increasing difficulty running the company.

Aubrey Preston maintains that this is the correct decision for Life Care.

He said, “Things are on a stable course, and we’ve got an opportunity to get decisions made timely that involve patient care, and hopefully continue to get great outcomes. It’s a great company that my dad built and we’re looking forward to the opportunity to serve.”

Preston also added that he has received support from other families going through similar situations, and says he hopes his family’s story can inspire them to resolve their familial problems.

This emergency conservatorship is in effect until January when a hearing will be held on making that permanent.