Custody Battle Threatens Health And Life Of Aging Priest

I've been following this story via e-mail for some time now. It's very sad. It does appear that the woman struggling to retain power over Fr. Gallagher (and his financial resources) is not considering Fr. Gallagher's own wishes or even his best interests. Since others are willing to help and Fr. Gallagher is willing to accept that help and clearly wants to end the control this woman is asserting over his life, it seems more than a little odd that she insists on continuing to try to retain power over Fr. Gallagher (and his financial resources).

One would think this woman would want to avoid the appearance of attempting to take advantage of an elderly, dying priest so as to gain access to his savings, but apparently she isn't interested in how some people may perceive the situation. She's clearly got other priorities, and Fr. Gallagher appears to feel his happiness and well-being are no longer among them. Although this woman may eventually be able to provide her own perspective and assist others in coming to see more benign motives for her current course of action, it would still seem best for all involved for all ties between Fr. Gallagher and this woman to end permanently. That way, Fr. Gallagher will apparently be happy and this woman's motives will no longer be the subject of further potential scrutiny, thereby avoiding further potential damage to her reputation (if it is already damaged).

Here's the story: Custody Battle Threatens Health and Life of Aging Priest - Family of priest claims woman seized temporary guardianship under false pretext, claiming priest's "mental incompetence"

Here's an extended quote:

A terminally ill Roman Catholic priest is the center of a tempestuous legal battle between a court-appointed temporary guardian - who has demanded his return to an Arizona care center - and family and friends - who believe such a move could kill him.

Fr. Bernard "Brian" Gallagher, 76, a retired priest from the Roman Catholic Diocese of Yakima, Washington, is the focus of a custody struggle between his family and a woman acting as his legal emergency guardian. Imelda Guadalupe "Lupe" Kowalczyk has insisted to authorities that Fr. Gallagher is mentally incompetent and cannot make his own decisions, among which is Fr. Gallagher's well-documented desire to live with fellow religious in California and to finish his days with constant access to the Mass and the sacraments.

Earlier this week, Fr. Gallagher was taken, at his own urgent request, and over the objections of Kowalczyk, from a nursing home in Payson, Arizona to the well-equipped cancer care facilities at Huntington Memorial Hospital in Pasadena, California. Once there it was discovered that Fr. Gallagher was suffering from an infected bladder, the beginnings of aspiration pneumonia from poor feeding tube treatment, as well as other symptoms. He had also lost a considerable amount of weight.

But sources say Arizona law enforcement is now exerting pressure to return Fr. Gallagher into the custody of Kowalczyk, who had deprived him of all contact with friends and family and the right to the Catholic Church's sacraments. Those who are close to the terminally ill priest say any move from the hospital could jeopardize his life.

An attorney representing Fr. Gallagher, has instructed the hospital that the priest "not be moved and certainly not be moved at the behest of the very person whose motives and legal actions we are questioning in the California courts."

Power of Attorney

In January, Fr. Gallagher was diagnosed with a stage IV brain tumor while undergoing treatment for a broken arm he suffered from a fall in Arizona. Fr. Gallagher, a California resident, had been visiting the Kowalczyk family in Arizona for a few days when he fell.

Family and friends close to Fr. Gallagher said Kowalczyk then took charge of his health care, while repeatedly deceiving those closest to him. Kowalczyk had power of attorney, which Fr. Gallagher had given to her and a friend, David Picella, in 2006. Kowalczyk, however, did not at any point notify Picella of Fr. Gallagher's condition and misled him as to the priest's whereabouts.

Those family and friends who are now fighting to keep Fr. Gallagher in California claim that Kowalczyk gave them the impression that the priest had been airlifted to Phoenix to undergo major brain surgery, but that doctors were unable to remove successfully the cancerous tumor.

However, when family members and friends made a surprise visit to the priest at the Payson Care Center, where Kowalczyk's had had him moved, they found Fr. Gallagher had a full head of hair, with no sign of major brain surgery. The priest's right to access the Catholic sacraments also had not been respected.

At the time of their visit friends and family were unable to convince Kowalczyk to let Fr. Gallagher go home to California for treatment. Instead they were informed that she planned to take care of Fr. Gallagher until he died and that she would receive caregiver money. She told Nicolas Gallagher, the priest's brother in Ireland, that she was building an extension in her house for the priest, using the caregiver monies.

"It looked like the nurses weren't paying close enough attention to take care of things," Marian Bower, Fr. Gallagher's cousin told LifeSiteNews. "He didn't have any clothes, just a blanket over him. They didn't want to help him up to go to the bathroom, they just told him to use the bedpan."

LifeSiteNews attempted to contact the Payson Care Center, but was told, "We have no comment. Thank you."

Power of Attorney Revoked, Emergency Guardianship Seized

Documents obtained by LifeSiteNews.com show that Kowalczyk seized emergency legal guardianship of Fr. Gallagher shortly after learning that the priest, dissatisfied with her unwillingness to return him to California, relieved her of her power of attorney and reassigned any health-care directive and legal control over his finances to his cousin James Logsdon.

"I, Father Brian T. Gallagher, fully revoke the Power of Attorney from Lupe Kowalczyk from St. John's, AZ as having power of attorney over my affairs," reads the letter, signed by Fr. Gallagher and also signed by witnesses on February 16, 2008. Again on February 19, Fr. Gallagher repeated this instruction before witnesses, which was recorded by friend Denise Riggio. (Listen to the recording: Fr. Gallagher Audio)

The priest also expressed his wish to return to San Juan Capistrano or live in a religious institute, "so that I may be with the Blessed Sacrament daily as well as receive the sacraments daily till the end of my days."

Kowalczyk, however, sought and obtained Temporary Guardianship and Temporary Conservator over Fr. Gallagher after she asserted that the priest was mentally incompetent. A hearing to review guardianship is scheduled for March 13 in Apache County, Arizona, where she resides. The same day that she obtained emergency guardianship, Kowalczyk ordered Payson Care Center staff to cut off Fr. Gallagher from all visitors and all means of communication, including reception of the sacraments.

Several of Fr. Gallagher's friends had traveled from California to visit him on February 23, but were abruptly turned away by several nurses following Kowalczyk's "no visitor" orders. The visitors observed other signs of neglect, including a mattress on the floor to catch the priest if he fell off the bed, lack of bed sheets, insufficient clothing on his body, and the fact that he was lying flat on his back with his feeding tube installed, which can cause aspiration pneumonia.

Those closest to the priest claim that Fr. Gallagher is by no means mentally incompetent. Friend Eileen Querubin, a social worker for over 18 years, faxed a letter to Payson Care Center administrators stating that the priest's patient rights were being violated. She related the many conversations he had with her and other visitors, saying, "Based on my professional judgment, Father Gallagher is not incompetent," adding that she feared for the priest's "safety and best interest."

Priest's Wishes Finally Honored Above Temporary Guardian

Kowalczyk is now fighting with the help of Arizona law enforcement to return Fr. Gallagher to her custody, but Fr. Gallagher's legal counsel say they intend to protect the priest and expose the fraudulent grounds of her guardianship status.

LifeSiteNews contacted Kowalczyk for comment on February 25, but she denied any knowledge of Fr. Gallagher and hung up on our reporter. She declined to comment when called again on February 28, instead directing reporters to contact her lawyer. She did not provide a name or phone number for her legal counsel.

Any thoughts?

Comments

[Joseph-USA]

When they finally sort this out and confirm the obvious fraud(s) perpetrated by this Kowalczyk woman, the Church should develop a sound set of legal documents to protect all Catholic priests who eventually find themselves in such circumstances.

A huge eternal institution dealing almost exculsively in matters of life and death (preparations, etc.) and yet retired priests are essentially just dumped off to shift for themselves.

In the U.S. military, almost on day one, they have all the guys fitted out with a Last Will & Testament (at least that was my experience; I was only involved as a consumer-benefitting from that institutional forthought).

[joanne]

This is shocking. I am praying for Fr Gallagher. I assumed that a diocese was automatically responsible for its dying priests...

[Jimbo]

As a social worker, I have occassionally heard about the absolute NIGHTMARES of legal guardianship for the elderly. I'm sure everyone has heard of the kids/grandkids of some patient basically bleeding their family member dry slowly. It does happen. And I have always been astounded in cases like this to hear just how difficult it is for families/friends to change power of attorney/legal guardianship once it has been established. You wouldn't think in a case where the patient like the priest could speak for himself that it would be that difficult. But it apparently is.

I would be surprised, given her "odd", secretive behavior, that she has never done this before to someone else--thereby learning the tricks of the trade and finacial benefits. I wonder if she has ever been an emergency guardian over someone else...either right now or in the past. If I were his attorney, I would look into the possibility.

[Helen]

Let this be a warning to other priests. Father's superior, Bishop Sevilla (Yakima diocese) condoned Lupe in spite of several phone calls from Father's friends and relatives apprising him of the situation.
He washed his hands of Father Gallagher and was willing to have him rot in a nursing home. Pray for Father, Lupe and Bishop Sevilla.

[Joseph-USA]

It seems to this casual observer (aka utterly uninformed individual) that there is "nothing" established for retired dioscesan priests.

I recall long ago when they first started to pay the nuns a salary, with the thought that unless the nuns earned actual wages they could not participate in the Social Security system. I always figured that must have worked out great because the nuns I knew were all members of the various Religious Orders and they had a convent "Mother House" someplace where they could go and retire. But the parish priests seem to be on their own.

I would think there is the basis for an excellent book buried in this situation, if in fact my supposition is correct. Talk about a priest shortage, wait until the young guys hear that you end up living in a cardboard box for retirement?

[BMP]

I think the retirement policy varies from diocese to diocese. In San Jose there is a retirement home for priests, much like a religious order would have. In Orange (my home diocese) we have funds taken out of our paycheck which will go towards retirement living. I agree that there should be a set policy, at the bare minimum, to help priests who find themselves in Father Gallagher's situation.

[sherry moser]

Unfortunately, Fr. Gallagher's story is not an isolated one.
Forced Guardianships/Conservatorships are rampant nationwide, but especially in California.
These stories are becoming even more common as our seniors live longer.
Seniors are dying while isolated in nursing homes against their will by their court appointed Guardian/Conservator.
Luckily there is an organization that is working to bring this dirty little secret of the probate courts out into the light.
We are the National Association to STOP Guardian Abuse.
Please visit our website at stopguardianabuse.org to find out how you can become involved, to help put an end to Guardian/Conservator Abuse.
While you are at the site, make sure that you click on the link to the left titled "Special TV Reports", and read our members flyers for some distressing and eye opening stories.

[Jimbo]

I remember hearing from some others that there are individuals who troll through rest/retirement homes for individuals who are on their own. They manipulate these individuals to sign over their guardianship and the nightmare begins. It is horrific. Something to keep in mind in your final days.

[Atlanta Catholic]

Jimbo,

The reality behind this horrific injustice is a bad Bishop. Father Gallagher is paying the price for being an authentic Catholic priest.

Bishop Sevilla is allowing this. The Lavender Mafia has far reaching tentacles.
Their vindictiveness is obvious.

Father Gallagher is loved by many Catholics who are praying for his intentions to remain in California.

[Patrycke]

Kowalczyk is now fighting with the help of Arizona law enforcement to return Fr. Gallagher to her custody...

The Arizona law enforcement line doesn't surprise me. In some of these Northern AZ towns Andy, Barney, and Goober have a difficult time understanding all them big words on that there legal paperwork. And, Kowalczyk probably knows Aunt Flo who who will talk to her nephew the police chief.

Let this be a warning to other priests. Father's superior, Bishop Sevilla (Yakima diocese) condoned Lupe in spite of several phone calls from Father's friends and relatives apprising him of the situation.

I am reminded of a situation which occurred in the Archdiocese of Los Angeles years ago. A retired priest, who was quite old, was residing in a spare room at a parish rectory. The old priest began saying a private TLM in the church Sunday afternoons. The Mass was not on the bulletin, and it was not an "official" parish Mass. Nevertheless, whoever happened to wander in was welcome, and there was a small crowd of regulars.

Well, eventually, Mahony got wind of it, and the priest was told to clear out. There was no longer any room for him at the rectory. The old guy was sent packing. That is the thanks you get for dedicating your whole life to the church -- receiving little money to save for retirement and giving up the opportunity to have your own family.

If there is anything that shakes my faith in the church, it is cr*p like this. Bishops, like Mahony, will raise huge sums of money to build ugly monuments to themselves (his cathedral), but they will throw old priests into the street for saying a Latin Mass or evict old nuns from houses to pay for their sex-scandal cover-ups.

Furthermore, I don't trust the bishops when they ask for money for retired religious. I would like to know where that money is going. God help us.

While I agree with you about Mahony, Bishop Sevilla does allow the Tridentine rite (maybe not as often as it should be, but it is offered) and was doing so before Summorum Pontificum.
YAKIMA Diocese
Kennewick Church of St. Joseph
1st & 3rd Sundays: 4:00 PM

Waterville St. Joseph Catholic Church
2nd Sunday: 4:00 PM

I recently visited a newly remodeled church in Yakima and I was impressed. There was a life-size (or close to life-size) crucifix hanging above the tabernacle. Oh and the tabernacle was where it is supposed to be, not hidden or off to the side. There were even kneelers and the parishioners were using them! It was a refreshing change from my Archdiocese which is just to the west of the Diocese of Yakima. Let us encourage Bishop Sevilla regarding the good things that he is doing and not compare him to Cardinal Mahony who needs a lot of prayers and maybe excommunication.

Praying for Fr. Gallagher!

[LaRose]

I do not know the truth behind this sad situation, but I heard another side to it today.

My in-laws are lifelong friends of Fr. Gallagher. They know "Lupe" Kowalczyk very well. Their son lives in Arizona and he investigated the situation with the nursing home in Payson. They are attempting to verify Father's well-being in the California facility, but this facility will not permit them to contact Father. This raises red flags to me; my in-laws are humble, devout people who only want to make sure their dear friend is in good hands.

My in-laws claim this (I am personally not making accusations, I'm just repeating what I was told!): Father Gallagher has a great deal of money in his estate, from a settlement after a car accident many years ago. He trusted Mrs. Kowalczyk to carry out his wishes, particularly in regard to his will. Mrs. Kowalczyk is NOT named in the will; Father wants his estate to be given to charitable causes. Allegedly, family members of Father want his will changed. This is why Mrs. Kowalczyk had Father declared mentally incompetent...to ensure that the sincere last wishes expressed in his current will cannot be overridden.

My in-laws' son says the AZ facility was not neglecting Fr Gallagher (and the son is the kind of person who would speak up very loudly if ANYTHING was amiss). He spent many hours with Father at this facility. The CA facility said he was free to visit, but said he would be limited to one 10-minute visit only (!)

Maybe my in-laws are wrong. Maybe they are being deceived. But as I note the stories about this situation, including a special website and YouTube video, I get a sick feeling that it sounds just a bit too perfect, as if someone set out to discredit Mrs. Kowalczyk by making her sound like evil incarnate. Let's hope that whowever has decision-making powers here thoroughly investigates the situation.

[LaRose]

(same poster) another thing - has anyone noticed that the original article on this situation is not written by an actual reporter/investigator...it is a press release written by the legal firm fighting Ms. Kowalczyk.

[Marcia]

Father wanted to leave the Payson Care Center and he wanted to come back to California. Those were his wishes he stated to people who visited him at the Payson Care Center and during phone calls with friends in CA. He also removed Lupe K. as having Power of Attorney. It was only AFTER he removed her as having POA did she go to court to file legal guardianship and conservatorship! She went against his wishes!!! She went the first day the court opened after she learned of Father's written statement to remove her from the picture and she kept this fact from the court in Az. (sounds like perjury to me). La Rose, please note the following: 1) Father wanted to come back to California (listen to the audio on www.lifesitenews.com, 2)Lupe might not be in his will but there was caregiver money coming to her if she took care of him (that's something for someone who does not have a regular job), 3) Father's relatives are not interested in his money. They did not want to become his conservator and agreed to have a neutral party be the conservator in CA. A neutral party is in charge of Father's health and finances, 4)The website for Father AND the press release were DONATED to Father by friends who caught wind of what was happening to him. These services helped tremendously in keeping Lupe from trying to get Father back to Az.,5) Lupe repeatedly misled Father's friends here in California about his medical condition and whereabouts. It took a lot of calling around to find out where he was in Arizona, 6) An Adult Protective Services worker in Arizona had concerns about the care that Father was receiving at the nursing home there 7)Lupe stopped all of Father's phone calls and visits (including sacraments) the SAME day she got temp. conservatorship and guardianship. Father did not even know this and she FORBADE the nursing home to tell Father! Your in-laws do not have all the facts. There is a lot more to the story than what can fit in this posting. It all points to someone having questionable if not illegal intentions towards Father and it was not his relatives nor his friends in California.

[Marcia]

Joanne- Someone did step forward to notify that Lupe had tried this before.
Please go to www.stopguardianabuse.org!!! Let this be a wake up call for all of us. It was so EASY for Lupe to get temp. guardianship and conservatorship. There were no proper court notices and there was no court appointed lawyer assigned to Father when she filed in Apache county. Here in California, L.A. County gave him a court appointed lawyer who spent hours with him before the initial court date in L.A. county.

[LaRose]

Marcia - I acknowledge that my in-laws could indeed be wrong about this situation, and I truly apologize if I have made a painful situation worse. I met Father Gallagher only once, years ago, but I have heard many stories about what a wonderful person he is. One thing I'm sure we can agree on is that he needs all our prayers and good thoughts!

As an outsider, I really do not have the facts at all; my in-laws are VERY concerned about Father and are bending my ear with their perception of the situation. Let me emphasize that Father's well-being is their overriding concern. They are not "taking sides", they do not care who "wins" as long as Father's wishes are respected.

[Marcia]

La Rose, please go to www.frgallagher.com to check out the latest on Father. Suggest to your in-laws to leave a note for Father on the website. Visitors are also welcome. Check out the website for more info. Thank you.