Lawsuit alleges longtime Franklin County doctor, ‘Gretl’ Hoch, is in danger
FARMINGTON – A Franklin County judge has granted a Strong couple’s request for a temporary restraining order against a couple from Germany and a Kentucky woman, protecting the well-being and about $7.5 million in assets of a retired Phillips physician.
The court granted Richard and Lorraine Chandler, attorneys-in-fact for Dr. Margarete “Gretl” J. Hoch, the order on Oct. 11, basing its decision on substantial evidence of abuse and intimidation against Hoch, who has been staying at the Naturhotel Hessische Schweiz, a spa in Germany that offers treatments to slow the aging process.
The Chandlers are friends who assisted Hoch, 83, with her daily affairs while she lived in Phillips. They have filed a seven-count lawsuit against John and Gudrun Stifel of Meinhart, Germany, owners and operators of Naturhotel Hessische Schweiz, and Mary Wagner-Burkhart of Alexandria, Ky.
The lawsuit charges fraud, undue influence/constructive trust, tortious interference with economic advantage, intentional infliction of emotional distress and civil conspiracy, and asks for a preliminary and permanent injunction against the Stifels and Wagner-Burkhart to protect Hoch.
According to documents filed in Franklin County Superior Court, the court granted a temporary restraining order upholding Hoch’s designation of the Chandlers as her authorized power of attorney, with broad responsibilities over her personal, financial and medical affairs. That order invalidates any purported power of attorney held by the Stifels and Wagner-Burkhart or anyone else, unless the court makes the decision to transfer that authority.
The Chandlers became concerned after the Stifels denied them contact with Hoch this year, and they paid an unannounced visit to the spa in September. The Chandlers found Hoch extremely thin, moaning in pain with multiple bruises and lying on a filthy bed, according to documents filed with the court. A doctor at the hospital to which she was admitted stated Hoch’s bedsores required surgery, and she suffered severe dehydration.
Hoch told the Chandlers on Sept. 8 that she wanted to return to the United States to receive medical treatment from a physician in Lewiston. She also reaffirmed during their visit, in the presence of a private investigator, that she wanted the Chandlers to continue to hold her power of attorney and keep everything the same in the United States.
The Chandlers asked to be informed when Hoch was to be released from the hospital so they could make arrangements for her to come back to Maine, but were never notified of her discharge.
Any attempts by the Chandlers to speak to Hoch have been interfered with by the Stifels or others, the lawsuit claims. The Chandlers have not been able to speak to Hoch since mid-September.
The court ordered the temporary restraining order concerning the power of attorney before the Stifels or Wagner-Burkhart have been served with notice of the lawsuit, claiming it would be an immediate concern for the physical safety and well-being of Hoch if the defendants had advance notice of the relief sought by the Chandlers in the suit.
Hoch assigned power of attorney to the Chandlers in 2001, and the couple has asked the court to permanently declare that power to be valid and in full force, and that any other power of attorney purportedly granted since then to anyone else invalid.
Richard Chandler was also designated as the personal representative of Hoch’s last will and testament in 2002. Neither of the Chandlers is named as a beneficiary in Hoch’s will.
Several Maine nonprofit, service organizations are identified as the beneficiaries and stand to receive most of her assets at the time of death, according to court documents.
Hoch practiced medicine in Franklin County for 40 years and decided in late 2004 to return to her native Germany. While there, she became ill and was admitted to a hospital before taking up temporary residence at the Stifels’ spa until renovations were made at her own residence to meet her physical limitations.
Hoch complained to a family member from Spain about not receiving good treatment at the spa, that she was afraid of owner John Stifel, and that he was hurting her. The family member made medical arrangements for her but it is believed the Stifels rearranged them to get a portion of the medical reimbursement from the German government.
The Stifels are accused in the civil suit of mistreating and neglecting Hoch at their spa and trying to gain access to her money and assets. Wagner-Burkhart is also accused of trying to gain access to Hoch’s money.
Hoch had assets and securities on account at UBS Financial Services Inc. in Portland in excess of $1.8 million in 2004, and additional money in assets in Germany in excess of 4 million Euros, which equals about $5.7 million in U.S. currency.
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