PRICE, Utah — In February, Rhett Rhodes returned here to his grandfather’s home and found an eviction notice on the door.
Rhodes, his wife and their two children had been living at the house in Price since 2022, when his grandfather entered a rehabilitation center to treat his COPD.
“I take care of the land and the house, and I get to live here,” Rhodes said of the arrangement he had with his grandfather, James Myers.
Rhodes’ aunt and her family had been living in a house in Helper that was also owned by Rhodes' grandfather. Eviction notices were served there, too.
The notices were served by Kristin Katie Woods. She owns Owl Guardianship and Elder Care Services, LLC. A few months before the eviction notices, Owl petitioned a judge to become the grandfather’s guardian.
Guardianships are designed to provide care for someone who needs it. Rhodes’ mother, Sherry Jackman — daughter of the man in the guardianship — says she did not object to the guardianship petition because she thought Owl would just help manage her father’s finances.
She didn’t know Owl would be making medical decisions and selling real estate.
“It wasn't until not too long ago that I found out that they took complete… control, custody of my father,” Jackman said.
Making decisions
“Guardianship, I think, stems from the idea that when people become incapacitated they need somebody to, essentially, make decisions for them,” said Nate Crippes, of the Disability Law Center. He has lobbied the Utah Legislature on guardianship issues.
“A full guardianship means you have control over everything in a person’s life,” Crippes said.
Woods called FOX 13 News in April after she heard the station was making inquiries about her company. She described how Owl finds clients.
Sometimes families reach out, she said. Other times, government agencies or police will send Owl referrals seeking help for people who may not be able to care for themselves and don’t have family that seem to be doing it.
It’s not clear how Owl became involved in the case of Rhodes and Myers’ patriarch. Jackman says either someone at the rehab center or someone with the state of Utah recommended Owl.
At a court hearing in September, Woods testified about why she evicted Rhodes and his aunt’s family from the homes. The rehabilitation center had filed a $343,320 lien to recoup the debt it says it was owed.
To pay that debt, Woods testified, Owl required an “attorney to evict his own family members out of those two pieces of real estate.”
She added the homes “are only being sold to give the arrears of the home.”
Rhodes and Jackman say Owl never reached out to them to discuss alternatives to the evictions and paying the debt.
“I would have worked with Owl someway, yes, yes, I would have,” Jackman said, “if they would have gave us that opportunity.”
The day FOX 13 was in Price, new owners had workers remodeling the house. The house in Helper has been sold, too.
Rights and authority
What did James Myers – the man who owned the houses and had his family living in them – want?
We asked him. We spoke over a video call when his daughter went to visit him at his care center. Myers is 79 years old. His family says he has never been diagnosed with any dementia or cognitive impairment.
When asked if Myers wanted the evictions, he replied, “No, no.”
He tried telling that to Owl, he said. He was told his bill was so large, his homes had to be sold.
Myers’ wishes are important. Utah has a guardianship bill of rights that says those, like Myers, have the right to “participate in developing an individualized plan,” including “managing… assets and property.”
“Now, ultimately the guardian gets to make that decision,” said Crippes, of the Disability Law Center, “but you should work with the individual.” Crippes is not involved in Myers’ case.
Myers says the guardianship has worked out “pretty well” for him, but not his family. Eight people lost homes in the evictions, he said.
“I mean, if I ever were to get good, (I) don't even have a place to go live,” Myers said.
Rhodes says he is living in a camper on property owned by his father.
“I'm furious. I’m really upset,” Jackman said.
Woods, after that court hearing in September, indicated she would sit with FOX 13 for an interview. She later declined.
But she forwarded an audio recording from a separate court hearing in St. George earlier this year. The judge in that hearing complimented her.
“There’s some companies up north that are not… ethical as you are,” said 5th District Judge Jay Winward, “and (I) appreciate your work.”
Woods also sent a statement. It reads:
“Owl Guardianship and Elder Care Services, LLC is a family-owned business that has provided guardianship services across the state of Utah since 2013. Owl receives referrals from various state and private sources to intervene on behalf of disabled adults in distress. Owl prides itself on its compliance with court rules, state statutes, and the ethical guidelines set out in guardianship licensure processes. The highest priority of Owl is first and foremost the care and safety of the vulnerable adult, and sometimes that priority conflicts with desires of friends and family members who may wish to access to property, funds, or other resources of the vulnerable adult. Any legal processes that arise from this conflict are handled through the proper venue, which is the court.”
Coming Tuesday night on FOX 13 News: How much does Myers still owe? We will tell you what the court filings say and who has been getting paid.