FARMINGTON – A justice has ruled the power of attorney granted by Dr. Margarete “Gretl” Hoch on Dec. 7, 2001, to Richard and Lorraine Chandler of Strong has been valid and in full-force effect since that date through and including the date of Dr. Hoch’s death on July 24.
Justice Michaela Murphy further ordered that any powers of attorney claimed to have been given by the former Phillips doctor to John and Gudrun Stifel, both of Germany, or any other nominees or agents, as well as any purported revocations of Richard and Lorraine Chandler’s power of attorney from Dr. Hoch, are invalid, void and without any legal effect.
Murphy’s ruling, dated Aug. 8 and Aug. 14, also ordered the Stifels to pay from their own funds, $26,989.60, to cover the costs and disbursements, including attorney fees, to prosecute the Chandlers’ motion for contempt and discovery proceedings.
Murphy found the Stifels in contempt of court in May after they failed to provide financial documents and attend a court hearing in Farmington when they had been subpoenaed to do so.
The Chandlers of Strong, close friends of Hoch who practiced medicine in Franklin County for more than 40 years before moving back to Germany in late 2004, had asked the court in 2007 to make a declaratory judgment that the Chandlers’ durable power of attorney from Hoch in 2001 to be valid and in full force and any other power of attorney purportedly granted since then be invalid.
The Chandlers maintained they have been trying to protect the wealthy doctor’s well-being and to secure a safe, healthy living arrangement and medical care for her as well as protect her assets that according to court documents, were about $7 million in 2004 with $1.8 million of those in the U.S. The Chandlers filed a seven-count lawsuit against the Stifels of Germany, owners and operators of Naturhotel hessische Schweiz, a spa, in Germany where Hoch had been staying prior to her death and Mary Wagner-Burkhardt of Kentucky. The Chandlers traveled to Germany unannounced to see Hoch last year and claimed she was in poor health and living in filthy conditions.
The Chandlers’ lawsuit charged fraud, undue influence/constructive trust, tortuous interference with economic advantage, intentional infliction of emotional distress, civil conspiracy and asked for a preliminary and permanent injunction.
A temporary restraining order was issued by a Franklin County court against the Stifels and Wagner-Burkhardt in October 2007 upholding the Chandlers’ authority.
Murphy also entered this month, a final judgment against the Stifels and in favor of the Chandlers, on Count VII in the Chandlers’ suit and issued a permanent injunction against the Stifels. It upheld the Chandlers’ power of attorney and permanently prohibits the Stifels from undertaking directly or through others any action to transfer or exercise control over any money assets and property of Hoch or her estate that are located in the state of Maine. Those assets, according to court documents, are bequested to charitable organizations in Maine.
Murphy also ordered entries of default entered against the Stifels on fraud, undue influence/constructive trust, tortuous interference, intentional infliction of emotional distress and civil conspiracy and the clerk of court schedule the matter for a hearing on damages and remedies to be imposed in with those counts of the complaint.
Attorneys for the Chandlers and the Stifels were not immediately available for comment Monday.
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