Mom was miserable in secure facility, stepson says

Larry Davis, stepson and closest relative to Kise Davis, who was declared incapacitated, reflects on the stress his stepmother has endured during her 14-months under a corporate guardianship in Las Cruces.

Larry Davis remembers when his stepmother would cry on the phone from the memory care facility 1,100 miles away, where she was placed by a corporate guardian in December 2016.

“She was so despondent; she’d say that if she had to stay there, she’d kill herself. She kept telling us, ‘This isn’t a life.’ ”

But Kise’s court-appointed guardian ad litem and corporate guardian insisted Kise was happy and argued that she should remain in New Mexico – and not be allowed to move to California where Davis and his family live.

‘You saved my life’: Woman ‘thriving’ after ordeal

Medical staff at the memory care unit stated that since living at the secure facility in Las Cruces, Kise hadn’t had a single seizure, because they had her on phenobarbital, Davis said. The guardian ad litem, CaraLyn Banks, had earlier reported that Kise had epilepsy as a child and “has been treated with Phenobarbital for a number of years.”

But Davis said Kise had no history of epilepsy or seizures – a fact he said he confirmed with her sister in Japan. Kise had been prescribed phenobarbital in the past only to help her sleep.

One of Davis’ attorneys, Peter Goodman of Las Cruces, told the judge in April 2017 that when he visited Kise, “she was sitting next to a woman who was watching – with open mouth, in fascination – a show that’s for 10-year-olds. I think this is relevant to the urgency of moving Ms. Davis … she needs to be where she can relate to people.”

But Kise’s guardian ad litem, Banks, contended that Kise remained high functioning, because of the staff at the facility and the corporate guardian, Advocate Services of Las Cruces.

“Unfortunately, given her level of dementia, (moderate to severe), the GAL anticipates that Mrs. Davis’ level of function will deteriorate if she is moved from this safe and stable environment that she knows and loves,” Banks stated in a report to the judge.

On one visit, Larry Davis and his wife brought birdseed so they and Kise could go outside the memory care unit and enjoy one of her pastimes of feeding the birds. He said they were told the guardian wouldn’t permit that.

At one point, the Davis couple was informed of a long list of items they couldn’t speak with her about, including her moving to California.

“Relatives take a beating in this. You’re emotionally caught in a situation where you can’t have any say in anything involving your own relative.” Davis said.

Advocate Services’ owner Sandy Meyer didn’t address the phenobarbital issue in an email response to the Journal, but said there was only one request – that they not mention the move to California before the judge ruled, “as it caused her such distress she would not eat for a few days after.”

Kise was housed with lower functioning people – in a memory care unit that a guardian representative testified in court was more expensive than the unit for higher functioning residents. The reason given: The guardian wanted to avoid the need to move her twice before Kise went to California.

Meanwhile, Advocate Services began to liquidate Kise’s belongings and prepare to sell her house, where she grew pecans and used to send them as Christmas presents to her stepson and his wife.

Kise read in the newspaper that her house in La Mesa, N.M., was up for sale.

“She was in depression and crying,” her stepson said, “She realized she could never go home.”

Share Your Story

Nativo Sponsored Content

Ad Tango

taboola desktop


Ethics board hands Gonzales a reprimand and $2,000 fine
ABQnews Seeker
Sheriff, running for mayor, had been ... Sheriff, running for mayor, had been denied public financing
APD identifies SWAT officer who fatally shot suspect
ABQnews Seeker
Officer had been involved in three ... Officer had been involved in three previous shootings, all SWAT standoffs
Woman doused in gasoline, set ablaze in NW Albuquerque
ABQnews Seeker
Victim has been hospitalized with 'significant ... Victim has been hospitalized with 'significant injuries'
APD: Motorcyclist fatally injured in crash on Central
ABQnews Seeker
A motorcyclist was killed in a ... A motorcyclist was killed in a crash on Central Avenue on Friday evening. The Albuquerque Police Department said just before 7:30 p.m. that it ...
Albuquerque utility water to serve Intel expansion
ABQnews Seeker
The Albuquerque Bernalillo County Water Utility ... The Albuquerque Bernalillo County Water Utility Authority board has approved a $1 million expense for designing a project to deliver up to 3 million ...
Auto theft suspect killed by APD was holding a ...
ABQnews Seeker
Man fled during police pat down ... Man fled during police pat down
United outlines planned stadium investment
ABQnews Seeker
Team would invest $10M upfront, $800K ... Team would invest $10M upfront, $800K in annual rent
APD looking for driver who almost ran over officer
ABQnews Seeker
Police are trying to find the ... Police are trying to find the person who attempted to hit an officer with a stolen truck Monday afternoon in a motel parking lot. ...
Police ID recent ABQ homicide victims
ABQnews Seeker
Detectives released the names of a ... Detectives released the names of a robber killed by a Subway employee and a woman who was fatally shot and dropped at a hospital ...