Anatomy of Isolation: The Legal Process

June 17: Attorney billing records from Baum Smith show that on June 17, 2024, Wyatt Baum, representing the two co-guardians, reviewed an "issue with IBL" during a telephone call with Shawn. The IBL had been ruled invalid by DHS eight months earlier. Yet Baum would bill the estate for this IBL-related work, even though the July lockout would ultimately proceed without invoking any IBL.

June 19: Two days later, Baum drafted a "motion to limit association." Attorney staff conferred with Baum, reviewed the motion, and began drafting supporting declarations and orders.

Cheryl's guardian log for this date notes: "Ray called Shawn @11:03AM Patty there @NN cutting Dads hair." The facility was reporting Patricia's presence to the guardians while legal documents were being prepared to exclude her.

June 20: The day after the motion was drafted, Tempie Bartell prescribed Chlorpromazine 50mg for Russell from Red Cross Institutional Pharmacy, with her name listed as the prescriber.

This act directly contradicted her sworn testimony on September 10, 2024, when she stated: "I don't provide direct patient care. I don't... I'm not like the medical provider for any of the residents."

June 25: Tempie Bartell sent an email to Shawn Bingaman and Wyatt Baum declaring that Russell "has to be moved out of Nadine's Nest ASAP." Her stated reasons:

Patty's non-compliance with visitor restrictions (visiting more than twice a week, staying over 30 minutes) Russell's "resulting behaviors that have escalated to elopement and severe anxiety and distress after each of her visits" "The loss of my primary care giver due to the anxiety Patty causes her" A second care provider "nearly quit" Attorney staff finalized and filed the Motion to Limit Association documents the same day.

The guardian logs for this date reveal what the facility was actually reporting: "he kept walking outside and talking about calling the school. He refused dinner and kept walking outside at 5:30 PM I called for another shift worker to come in and help as he had me walking along the street trying to cross for over 30 minutes." No mention of Patricia causing this behavior—Russell was exit-seeking on his own.

June 27: Russell had a telehealth consultation with Cami A. Bean, FNP-C, from La Grande Family Medicine/Praxis Health. Crucially:

Russell was not physically examined Shawn (power of attorney) and a Nadine's Nest caregiver were present Patricia was not informed The assessment was based on information provided by Tempie Bartell and the caregiver Bean's determination: "Given chronic conditions, history, and current status I suspect he has 6 months or less left in his life."

The guardian logs note: "Dad's Heart + Oxy low after Patty's visit?? Anxiety??" with question marks—even the guardians weren't certain of causation.

The facility was instructed to monitor Russell's vital signs daily while waiting for hospice admission.

What Bean didn't document: Russell's actual weight, his ability to walk and communicate, or any direct observation of his condition.

Months later, in a December 20, 2024 settlement proposal, Attorney Wyatt Baum would write: "As to the notation in the medical records of Mr. Bingaman having six months to live, I understand health care providers did that to enable Mr. Bingman to have access to hospice care. My clients are unaware of any diagnosis or concern regarding Mr. Bingaman's health that puts his life expectancy to six months."

Former facility manager Elisha Callahand understood this prognosis was "not an actual (real prognosis)" because she understood it to be normal to do that just to give patients access to hospice care. Even the guardians viewed hospice as beneficial "advanced care" and were stressed when Russell "didn't qualify" anymore in March 2023. This reveals a backwards understanding—coming off hospice meant Russell was improving, but they were told otherwise.

July 2: Russell was admitted to hospice. His primary terminal diagnosis: "Alzheimer's Disease with Late Onset."

The same day, Attorney Wyatt Baum reviewed an "email on IBL issues."

July 3: Patricia arrived for her regular visit. The door was locked.

Austin Bingaman later stated that he and his brother "decided to cut off visits starting that day until the court made a decision" because previous attempts to limit visits had failed and Patricia was "unreasoning."

Their attorney had abused ORS 125.323, a law put in place in 2019 specifically to prevent guardians from isolating protected persons. Nancy Nathanson, who championed the law, has been informed about how it was abused in this case.

No court order existed prohibiting Patricia's visits. The March family agreement guaranteeing her access remained in effect.

The guardian logs document: "S-A met w/ Aaron @DHS on IBL" and "Shawn checked on Dad -Dad restless but finally sat down."

July 4: Russell's chart noted medication interactions for Donepezil with Haloperidol Lactate and Ondansetron. The physician notation: "MD AWARE, BENEFITS OUTWEIGH RISKS."

July 5: The guardian logs show: "Patty showed up @ NN w/Jody Bullock"—Patricia attempted to visit but was denied entry while the guardians' friend Jody Bullock was apparently allowed access.

July 9: A hospice pre-death bereavement risk assessment phone visit note explicitly stated: "PATTY IS UNAWARE RUSSELL IS ON HOSPICE AGAIN."

The note continued: "Shawn (Russell's son and power of attorney) wanted support provided to his mom."

Patricia was deliberately kept uninformed about her husband's hospice enrollment. She would only learn of it through court discovery.

The guardian logs confirm: "Cheri from Hospice called for permission to work w/ Patty -S-A said Yes"—but without telling Patricia that Russell was on hospice.

Whistleblowers later indicated that staff were instructed to conceal hospice enrollment from Patricia.

July 10: The guardian logs memorialize the pivotal phone call. Participants:

Wyatt Baum (guardians' attorney) Shawn and Austin (the two co-guardians) Cheryl (their sister, not a guardian but maintaining the logs) Aaron Lenox (DHS supervisor) Erin Smith (APD Licensing agent) The log entry: "Aaron – Nadines Nest can lock door to keep Patty out Erin Smith talked w/ Aaron + Tempie"

That same day, a hospice bereavement note recorded: "Patty is not aware Russell is on hospice again."

July 12: Selina Shaffer, a nurse with over three decades of experience who would later testify as an expert witness at the guardianship case, accompanied Patricia to visit Russell. They were physically blocked from entering Nadine's Nest.

Elisha Callahand met them at the door. She did not let them inside, though they took clothes for Russell.

The guardian logs document this: "Patty went to NN w/ Selina Elisha met them @door and did not let them inside - took clothes for Dad -Shawn talked to Elisha - Dad doing great."

Shaffer found the incident so alarming she filed an abuse report with DHS, noting "there was no court order explicitly forbidding visits at that time."

July 17: An RN note in Russell's chart stated: "agitation well controlled with lorazepam, wife not allowed in facility, pt less agitated since not dealing with wife."

The guardian logs for this day note: "Elisha said Dad is much better overall - not anxious and agitated -grumpiness normal for dementia"—attributing his improved state to Patricia's absence while acknowledging his baseline grumpiness was just "normal for dementia."