A probate court referee ordered a St. Paul nursing home to allow the daughter of an ailing woman to visit her mother in hospice care, despite the nursing home's claim that the daughter's conduct is "severely detrimental" to Edna Wigen's health and "disrupts the orderly and safe operation" of the facility.
Judy Luzaich, 66, of Stillwater, and two of her mother's longtime friends were barred from St. Mary's Home in St. Paul's Highland Park this year after complaining that the 91-year-old woman was receiving substandard care.
St. Paul police and officials from the state Department of Health are investigating allegations of suspicious injuries to Wigen's head, arms and legs that were photographed by her longtime friends Patty and Al Noren. Nursing home officials deny that Wigen was mistreated, saying everything done was necessary and appropriate.
Ramsey County District Court Referee Dean Maus said that Luzaich should be allowed to visit her mother three times in the next week but he didn't address future visits, leaving that to a state judge who is expected to conduct a hearing on the dispute sometime next month.
Maus also told Luzaich to behave herself, instructing her to visit her mother and no one else and to abide by the nursing home's rules.
"We have some people very concerned about your past actions and behavior," Maus said. "I'm giving you the opportunity to visit with your mother. You need to be very careful and abide by these guidelines."
Luzaich's mother entered St. Mary's in October 2008 for rehabilitation after breaking her elbow and hip a month earlier. Wigen still wants to return to her home in St. Paul, but her condition continued to deteriorate at the nursing home and she still gets nutrition with a feeding tube. Luzaich said her mother was given narcotic painkillers that rendered her nearly comatose. She went into hospice care after several bouts with pneumonia, Luzaich said.
Luzaich and her sister, Mary Jane Hamblin, soon got into a battle over who should make decisions about their mother. In March, a state court judge appointed Lutheran Social Services as an independent guardian to oversee her care. Luzaich said she was allowed monthly visits until July 8, when the court-appointed guardian Tonya Wilhelm ordered the visits to stop.
"I'm scared for my mother's life," Luzaich said Tuesday outside the courtroom. "They know that I know what they're doing to my mother."
Patty Noren said she and her father were barred from visiting Wigen on Aug. 19, just a few days after they sent letters to the Health Department documenting injuries to Wigen's body that they blamed on the nursing home.
Wilhelm noted in her logbook that the Norens were "disruptive" when they visited Wigen on Aug. 17. "Both were 'badgering' staff and Edna," Wilhelm wrote. "They were overheard telling Edna she is going to go home, Judy is going to pick her up, she will walk again, and she will eat again. Staff would like Al and Patty's visits terminated. I agreed and said I would speak to my supervisor today."
Wilhelm's log also recorded a call from a St. Paul police sergeant, who allegedly told Wilhelm that "he is dropping the investigation against St. Mary's" because there is "no evidence or suspicion on his part that St. Mary's is mistreating Edna."
However, St. Paul Police spokesman Sgt. Paul Schnell said Tuesday that records indicate the investigation is still open.
Attorneys representing St. Mary's and Lutheran Social Services refused to explain how Luzaich and the Norens were jeopardizing Wigen's care or disrupting the nursing home, referring a reporter to court documents.
Wilhelm's log showed that Luzaich called the home as many as five times a day to check on her mother.
"No staff at St. Mary's is willing to take a call per day from Judy at this time," Wilhelm's log said on April 1.
Luzaich's attorney, Michelle MacDonald, is asking the courts to intervene and allow Wigen to be immediately transferred to a hospital, but nursing home officials insist that she is not in immediate jeopardy. Medical records show that Wigen is suffering from dementia and has been on a feeding tube for months.
Hamblin objects to her sister's requests, including more frequent visitation.
"I know the history of this matter," said attorney George Borer, Hamblin's lawyer. "It's not going to work."
Pat Pheifer • 612-741-4992
