by JC Hallman, Oklahoma Watch
September 9, 2025

On August 29, Oklahoma County Special Judge Michelle “Shel” Harrington heard arguments on an Adult Protective Services motion to restrict all visitation for Estelle Simonton, 91. Simonton was moved from her Del City home to Wolfe Living Center at Summit Ridge in Harrah in 2024, after being put under an APS guardianship order.

Harrington did not restrict all visitation, but she came close. Then she added a couple of stunners: ordering her son, Matthew Simonton, not to discuss his mother’s case with his mother and barring her from talking to reporters.

On August 4, Matthew Simonton went to visit his mother. Nursing home staff attempted to deny access; after a tense confrontation, the Oklahoma County Sheriff’s Office was called.

Deputies deferred to statutory proof that a visit was legal; over strenuous objections from nursing home staff, a visit was permitted and a subsequent incident report confirmed that the nursing home did not have the necessary court order to deny visitation.

Though aged, Estelle Simonton was found to be lucid and expressed a fervent desire to be with her son.

“The judge had already ruled that I could see my mother,” Matthew Simonton said. “They were defying what the judge had already ordered.”

Participate in Decisions that Affect Them

In 2015, Rep. Richard Morrissette, D-Oklahoma City, requested guidance from then-Attorney General Scott Pruitt on when and how visitation to a vulnerable adult under a guardianship order can be restricted.

Pruitt’s lengthy opinion first articulated the guiding principle of Title 30, Oklahoma’s laws on guardians and wards.

The clear intent of the law, the opinion said, was to encourage the self-reliance and independence of wards as much as possible; to the maximum extent of their ability, wards should be enabled to participate in all decisions that affect them.

Restriction of visitation to adults under guardianship orders was detailed in Title 43a, Oklahoma’s mental health laws, the opinion said.

Wards should be permitted the ability to associate with whomever they wish, the opinion said; but if a judge does restrict access, the order must specify the persons who are to be restricted.

A Restraining Order is Hereby Entered

In the August 29 hearing, Harrington ruled against the APS request to restrict all access to Estelle Simonton; Matthew Simonton was permitted to visit his mother.

But the judge issued several other rulings.

Special judges in Oklahoma are not elected; district court judges appoint them, and their duties and powers are significantly limited.

Judge Harrington’s LinkedIn page identifies her not as a judge, but as an attorney whose practice is entirely restricted to family law; she is a “divorce lawyer who doesn’t like divorce,” and who values “dating smarter” and “keeping marriage strong.”

In addition to denying APS’s motion, Harrington issued three orders: Matthew Simonton cannot discuss his mother’s case with his mother; he cannot bring anyone other than his domestic partner and her child to visit Estelle Simonton; and access to Estelle Simonton is denied to any member of the media.

“A restraining order is hereby entered preventing Mrs. Simonton from being interviewed by press without further order of this court,” the ruling reads.

Predatory Guardianship

Rick Black, founder of the Center for Estate Administration Reform, which has investigated 5,000 suspect adult guardianships since 2013, said the story of Estelle Simonton reeked of judicial hubris.

Black said that Oklahoma’s guardianship system appeared to lack best practices designed to avoid abuse and ignored an obligation to seek the least restrictive alternatives to guardianship. A lack of respondent counsel, transparency and third-party oversight, combined with an absence of video recordings at hearings and a requirement to seal files to avoid independent investigation, were significant issues with Oklahoma’s system, Black said.

Nationwide, Black said, there was a growing trend toward using claims of defamation as retaliation against those who expose guardianship wrongdoing. Lawsuits have been used to hobble the production of exposé documentary films being produced by Netflix and A&E.

For Black, Estelle Simonton was a case in point.

“The desire to silence [her son] Matthew and isolate Estelle is consistent with a predatory guardianship,” Black said. “The judge attempting to silence media on Estelle’s situation is also concerning.”

Oklahoma law requires judges to seal guardianship cases, a double-edged sword that is meant to protect patient privacy but also effectively thwarts any third-party investigation or oversight, a problem exacerbated by Harrington’s gag order.

Oklahoma City attorney Andy Lester, who has chaired the Oklahoma Free Speech Committee since it was created in 2022, agreed that Harrington’s ruling looks like an inappropriate encroachment on the First Amendment and the freedom of the press.

“This ruling appears to be an overreaching prior restraint,” Lester said. “It looks like a restriction on Ms. Simonton, but, as worded, it purports to bar all press. That is a step too far.”

The court did not respond to a request for comment by the story’s deadline.

No Oklahomans for Oklahoma City Event

In October, the National Guardianship Association will hold a Guardianship/Conservatorship National Investigator Training Program in Oklahoma City. The three-day event will feature talks on nursing home regulations, the ethics and standards of guardianship, and the role of judges in guardianship cases.

Former NGA president Anthony Palmieri, who will deliver the conference’s opening remarks, noted in a September 6 LinkedIn post that there had been no registrations from Oklahoma for the Oklahoma City event.

Editor’s note: This story was updated to show the judge barred Estelle Simonton from speaking to the press, not Matthew Simonton. 

This article first appeared on Oklahoma Watch and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

The post Judge Attempts to Quash Press Investigation With Gag Order appeared first on oklahomawatch.org

Oklahoma Watch, at oklahomawatch.org, is a nonprofit, nonpartisan news organization that covers public-policy issues facing the state.

Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

This article critiques the guardianship and judicial system in Oklahoma, highlighting issues of transparency, individual rights, and potential abuses of power. It emphasizes concerns about government overreach, the silencing of dissent, and the protection of vulnerable individuals, which aligns with a center-left perspective that often advocates for civil liberties, accountability, and social justice reforms. The tone is investigative and critical of institutional authority without veering into partisan rhetoric, maintaining a focus on systemic reform rather than ideological extremes.

SUMMARY: College Gameday preparations are in full swing in Norman as the University of Oklahoma hosts Michigan in a highly anticipated top-20 matchup Saturday. The national spotlight returns to Norman for the second consecutive year, with the College Gameday stage being set up on the South Oval. Nearby, The Standard restaurant, co-owned by Cameron Brewer, was selected as the guest chef for the show after submitting a proposal to ESPN over Labor Day weekend. They will serve burgers, catfish po’boys, chicken and waffles, and desserts, starting early Saturday before bringing food to the College Gameday set. Excitement is high as the city gears up for game day.

College gameday preps underway in Norman Stay informed about Oklahoma news and weather! Follow KFOR News 4 on our …

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by JC Hallman, Oklahoma Watch
September 4, 2025

In May, a headline caught the eye of Rena Denton, 96.

Denton was seated in her small, spare cinderblock room in Pauls Valley Health and Rehab, which she shares with her daughter, Karen Koonce, 76. It was a pleasure whenever mother and daughter received the latest edition of the Garvin County News Star.

But that headline, it hit home.

Eldercare Nightmare: A Tragic Family Story Raises the Specter of Widespread Guardianship Fraud.

“Well, it was a repeat of what we’ve lived out,” Denton said.

Not exactly, but the story of Rena Denton in Pauls Valley, and the story of Estelle Simonton in Harrah, suggest inadequacy in Oklahoma eldercare law in scale, implementation and awareness of existing statutes as the state’s aging population surges toward a crisis point.

A Nightmare All Their Own

After Denton finished reading the story about quadriplegic Vietnam vet Leroy Theodore, who was taken from his family in April and installed in a nursing home in Midwest City, she called Kive Kerr, who has been helping Denton and Koonce navigate a guardianship nightmare all their own. Kerr contacted Oklahoma Watch, which originally published Theodore’s story, and a visit to mother and daughter was arranged.

“I go over it and over it in my mind: why did he do this to me?” Denton said. “Why did he take everything I had?”

She meant Billy LeMay, a one-time family friend and former Halliburton executive who now operates a lawnmower repair store in Pauls Valley. Before March, Denton had lived in the same house since 1949, but there came a moment, she said, when she was unable to care for her daughter, who had begun to show signs of dementia. Koonce, in turn, was unable to care for her mother.

They turned to LeMay for help.

From there, versions of the story differ.

Kerr said LeMay got a doctor to sign papers saying the mother and daughter couldn’t care for themselves; he took their phones and hired a lawyer to draw up wills and secure power of attorney to take control of about $1 million in assets, Kerr said.

Kerr also said LeMay falsely told the women that their only living blood relatives, a pair of nieces in Georgia, did not want to hear from them; the lie was revealed when Denton got her phone back and called Kerr, he said.

It took months and vast resources to head off a legal assault that came close to robbing Denton of everything; even obtaining transcripts of legal proceedings in which an Adult Protective Services investigator accused LeMay of criminal behavior has been a slog, Kerr said.

For his part, LeMay claimed that staff at Norman Regional Hospital encouraged him to obtain guardianship over Denton and Koonce; the hospital provided him with instructions on how to do so, LeMay said. He said the APS investigator lied about him in court and that his role in the saga was about love, not money.

“I have not profited a nickel from this thing,” LeMay said.

Now, Denton’s nieces have been awarded guardianship.

The Most Fundamental Problem

Kerr claimed that in addition to the conflict with LeMay, the administrator at Denton’s nursing home also offered to become Denton’s guardian, an accusation the administrator denied.

Title 63, Oklahoma’s public health and safety laws, and Title 30, which governs guardianships, both specify that no court-appointed guardian can also be the owner or administrator of the nursing home in which a ward is housed unless the guardian is the spouse or close relative of the ward.

But ignorance of the law is the root of the guardianship problem.

William Whited, a former investigator with APS in the Oklahoma Department of Human Services, is now the state’s long-term care ombudsman, a role that was integrated into the Office of the Attorney General in 2024 to enhance the ability to investigate complaints and advocate for residents’ rights in nursing homes and assisted living facilities.

For Whited, this facet of Denton’s story involving the administrator was characteristic of a broader trend in Oklahoma eldercare law: the nuances of existing laws were not widely understood.

Whited had additional concerns. Oklahoma’s aging population loomed as a logistical crisis that would emerge as the number of guardianship proceedings rose.

“I know that this taxes the system,” Whited said. “It’s one of those things where maybe not everything that should be reviewed is reviewed. And I don’t know the answer to that.”

The human capital aspect of the problem had already arrived.

“There’s not enough judges to read all the reports,” Whited said. “There is not an entity or system that is set up to review those guardianships.”

The most fundamental problem of all was ignorance; staff members at hospitals, nursing homes and APS and DHS appeared to be unfamiliar with relevant statutes.

“I don’t think that they all do know the laws,” Whited said.

This Guy Cares About His Mother

“Basically, they kidnapped her,” Rep. Justin “J.J.” Humphrey, R-Lane, said of APS, in the case of Estelle Simonton, 91.

Humphrey’s interest in DHS had more to do with Child Protective Services than APS, but his office had received several complaints about guardianships, including one from Matthew Simonton, the son of Estelle Simonton.

“Lord knows, it’s been a lot of trouble for him,” Humphrey said. “The guy cares about his mother, that’s how it appears to me.”

Oklahoma law requires judges to seal guardianship cases, with only the existence of a guardianship not considered confidential. Everything else is available only to the parties involved and the judge.

Cases such as Simonton’s demonstrated the need for greater transparency in government, Humphrey said.

“When you find something like this case, and they’re not going to talk to you because it’s confidential, then how can we correct it when it’s wrong?” Humphrey said. “If they can hide everything because it’s all confidential, then who can hold them accountable?”

DHS has refused to comment on all of Oklahoma Watch’s reporting on guardianship abuse. In the case of Estelle Simonton, DHS Public Information Officer Carrie Snodgrass offered to provide a statement or arrange an interview, but only if Oklahoma Watch provided questions in advance.

Did Not Meet the Criteria

Estelle Simonton’s problems began as far back as 2003, when she became a widow.

Always a collector, Simonton’s Del City house became cluttered and more difficult to manage as she grew older, her son, Matthew Simonton, admitted. Her diabetes didn’t help, and manifested in her behavior if she didn’t eat properly.

She became friendly with her neighbors. Oklahoma Watch spoke to one neighbor who recalled Estelle Simonton’s frequent, amenable visits; another remembered a friendly, independent woman who bothered no one.

Nevertheless, someone started calling APS. Matthew Simonton said that he suspects another neighbor, but he doesn’t know for sure.

Matthew Simonton was granted durable power of attorney for his mother, limited to health care powers, in March 2023.

Relations with DHS grew strained. Matthew Simonton recorded video interviews in which Estelle Simonton related harrowing details of what she endured while in the care of others; he uploaded them to YouTube, only to have a judge order that they be removed from public view.

In June 2024, Matthew Simonton said, a confrontational ambulance call presaged another report to APS. DHS again visited Estelle Simonton’s home, alongside members of the Del City police department.

A subsequent DHS petition for an involuntary emergency protective order claimed that the home was found to be filthy, lacked air conditioning, and reeked of urine.

However, a police report on a welfare check at Estelle Simonton’s home a few days later concluded that her living conditions did not meet the criteria for an emergency order of detention.

Nevertheless, the following day, DHS conducted what Matthew Simonton characterized as a raid on his own home when his mother was visiting. After a tense confrontation, Estelle Simonton was taken to Wolfe Living Center at Summit Ridge in Harrah, where she has remained ever since.

A Dramatic Confrontation

Oklahoma Watch’s May story about Leroy Theodore documented a dramatic confrontation as nursing home staff in Midwest City called police in an attempt to prevent Theodore’s family from visiting him. The staff were unaware of a 2015 Attorney General opinion that expressly stated that legal guardians — APS or otherwise — were not empowered to restrict visitation with nursing home residents without a specific court order.

Midwest City police officers listened to all parties involved before overruling the nursing home staff and permitting a visit. On Father’s Day, Theodore’s family once again drove two and a half hours to visit him.

In early August, Oklahoma Watch learned that Theodore died while still under an APS guardianship. Theodore’s family members said they were not directly notified of his death; one of Theodore’s daughters learned of her father’s passing in a phone call with a reporter.

Nearly a month later, calls placed to APS, the hospital where Theodore died and the morgue where his remains are being held revealed that arrangements to return him to his family have not been made. Once again, a lack of familiarity with what the law provides when an individual dies under guardianship appears to have hobbled the effort to provide dignity and peace for the remains of a military veteran. 

Theodore’s remains continue to be held in a legal and logistical limbo.

I Should Have Some Rights

On August 4, the confrontation in Midwest City repeated almost exactly in Harrah when Oklahoma Watch accompanied Matthew Simonton as he attempted to visit his mother, Estelle Simonton.

Once again, nursing home staff appeared unaware of the 2015 attorney general’s opinion; manager David Carey claimed he was following instructions from APS, and called the Oklahoma County Sheriff’s Office in an attempt to restrict access.

Deputy sheriffs arrived, listened to all parties involved, and, as Del City police officers had done, facilitated a visit despite objections from highly agitated Wolfe Living Center staff members.

Estelle Simonton was palpably elated to see her son, clutching at his arm as though hanging from the edge of a cliff.

“I just want to go home,” Estelle Simonton said. “Do you understand my feelings? I don’t want anything from them. I just want my freedom.”

Throughout a prolonged visit, Estelle Simonton spoke in lengthy, complex sentences, demonstrating comprehensive awareness of her surroundings. She was uncertain of her age, but described vivid memories from more than eight decades previous. She recalled the circumstances in which she had been living when APS secured guardianship.

“I wasn’t crying and going on,” Estelle Simonton said. “I was taking care of my little dog, and we had some chickens. I was happy to take care of the place. I don’t know why they took me out of my house. I don’t know.”

Estelle Simonton understood both her limitations and what she believed her rights should be.

“If I have to, I’ll run away from here,” she said. “I don’t know exactly what I’ll do, but I should have some rights as an American citizen. It’s the law that is taking me away from my family, who I dearly love and haven’t seen in a while. It’s not right. It should be changed.”

It’s All We’ve Got Left

William Whited offered details on a pair of projects already on the books that could mitigate Oklahoma’s looming guardianship crisis.

Court-Appointed Advocates for Vulnerable Adults, detailed in Title 30, and the Office of Public Guardianship, part of DHS, offered promise, but neither was properly funded, Whited said.

CAAVA folded because no state appropriations were dedicated to it, Whited said; the Office of Public Guardianship was used only limitedly, yet in addition to eldercare, it applied to younger people with severe mental illness or profound physical disability.

Estelle Simonton did not complain about the care she was receiving at Wolfe Living Center. It’s a good place to be if you have to be taken care of, and the home didn’t do anything she believed to be illegal, she said. But she was angry that they were keeping her away from her son.

Rena Denton did not complain about the care she and her daughter were receiving at Pauls Valley Health and Rehab either.

“It’s peaceful here, they are good to us,” Denton said. “It’s our home now. It’s all we’ve got left.”

Denton had that, alongside the wisdom conferred by a life of experience.

“Beware of somebody coming and telling you that they’re going to take care of you and be your guardian,” Denton said. “Steer clear.”

Ed. Note: This story was updated on Sept. 4, 2025 to clarify WIlliam Whited’s work history.

This article first appeared on Oklahoma Watch and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

The post Oklahoma Unprepared for Looming Guardianship Crisis appeared first on oklahomawatch.org

Oklahoma Watch, at oklahomawatch.org, is a nonprofit, nonpartisan news organization that covers public-policy issues facing the state.

Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

This content focuses on exposing issues within eldercare and guardianship systems, highlighting failures in government oversight and advocating for greater transparency and accountability. The emphasis on protecting vulnerable populations and critiquing bureaucratic shortcomings aligns with a Center-Left perspective that supports social justice and reform while maintaining a balanced, fact-based approach without strong partisan rhetoric.