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FARMINGTON – A Superior Court justice heard arguments Monday in a lawsuit seeking protection of an elderly ex-Phillips doctor now in Germany and her estimated $7.5 million in assets.

One side wants the case heard in Franklin County; the other wants it dismissed on grounds that Maine lacks jurisdiction over it.

Richard and Lorraine Chandler of Strong are attorneys-in-fact and friends of 83-year-old Dr. Margarete “Gretl” J. Hoch, who had practiced medicine in Franklin County from 1965 to 2005. They assisted Hoch with her daily affairs while she lived in Phillips until late 2004 when she returned to her native Germany.

The court granted the Chandlers a temporary restraining order in October upholding their power of attorney Hoch gave them in 2001 to prevent a transfer of purported power of attorney over her assets to John and Gudrun Stifel of Meinhard, Germany, owners and operators of Naturhotel Hessische Schweiz, a spa, and Mary Wagner-Burkhart of Alexandria, Ky.

The Stifels and Wagner-Burkhart claim Hoch gave them power of attorney last year. It is believed that Hoch’s German assets exceed $4 million euros and her U.S. assets about $1.8 million.

The Chandlers seek a declaratory judgment, temporary and permanent injunction and money damages on Hoch’s behalf. Their suit claims fraud, undue influence, interference with economic advantage, intentional infliction of emotional distress and civil conspiracy.

Defense attorney Alan Perry filed a motion to dismiss the lawsuit in Franklin County, citing lack of personal jurisdiction over the defendants, lack of subject matter jurisdiction, improper venue, and lack of standing of the plaintiffs.

The Chandlers’ attorney, Thimi Mina, told the court Monday that the Chandlers visited Hoch last year at the spa, despite interference by the Stifels. They said she had multiple bruises, severe bedsores, severe dehydration and filthy and matted hair, and her phone was out of her reach.

Mina also told the court that John Stifel had sent the Chandlers a letter suggesting they surrender power of attorney and offered $130,000 to do so, and if the couple found it too low, they were invited to make a counter offer.

During the visit, the Chandlers said Hoch told them it was her signature on documents but she didn’t know Wagner-Burkhart, whom the documents named and who claimed she was a dear friend of Hoch’s, Mina said.

Mina argued the lawsuit should be heard in Maine.

The Chandlers were given a responsibility to oversee Hoch’s assets, he said, and they have done so without economic benefit. Richard Chandler oversees Hoch’s will that neither he nor his wife benefits from, but several Maine nonprofit organizations would after Hoch dies, Mina said.

The Chandlers have been unable to contact Hoch for several months and believe the Stifels are preventing communication, he said.

Perry argued that Maine has no jurisdiction over the case. He also said most of the parties listed in the case live in Germany.

Perry also alleged that Hoch, who the defendants claim is alive and well, wants an accounting of her U.S. assets to determine if money was misspent by the Chandlers. They also alleged the Chandlers used Hoch’s money to take a trip to Germany and are funding the suit, Perry said.

Perry also said the Chandlers are seeking a competency hearing on Hoch in a German court.

“As cold as it may sound, Maine has no compelling interest in Dr. Hoch’s treatment in Germany,” Perry said.

Mina said the Chandlers are very frugal and did go to Germany to check on Hoch’s well-being and did hire investigators and lawyers on her behalf to protect her.

Justice Michaela Murphy said she would read the case file this week, do some research and report back to the attorneys.

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