On August 29, Oklahoma County Special Judge Michelle “Shel” Harrington heard arguments on an Adult Protective Services motion to restrict all visitation for Estelle Simonton, 91. Simonton was moved from her Del City home to Wolfe Living Center at Summit Ridge in Harrah in 2024, after being put under an APS guardianship order.
Harrington did not restrict all visitation, but she came close. Then she added a couple of stunners: ordering her son, Matthew Simonton, not to discuss his mother’s case with his mother and barring her from talking to reporters.
On August 4, Matthew Simonton went to visit his mother. Nursing home staff attempted to deny access; after a tense confrontation, the Oklahoma County Sheriff’s Office was called.
Deputies deferred to statutory proof that a visit was legal; over strenuous objections from nursing home staff, a visit was permitted and a subsequent incident report confirmed that the nursing home did not have the necessary court order to deny visitation.
Though aged, Estelle Simonton was found to be lucid and expressed a fervent desire to be with her son.
“The judge had already ruled that I could see my mother,” Matthew Simonton said. “They were defying what the judge had already ordered.”
Participate in Decisions that Affect Them
In 2015, Rep. Richard Morrissette, D-Oklahoma City, requested guidance from then-Attorney General Scott Pruitt on when and how visitation to a vulnerable adult under a guardianship order can be restricted.
Pruitt’s lengthy opinion first articulated the guiding principle of Title 30, Oklahoma’s laws on guardians and wards.
The clear intent of the law, the opinion said, was to encourage the self-reliance and independence of wards as much as possible; to the maximum extent of their ability, wards should be enabled to participate in all decisions that affect them.
Restriction of visitation to adults under guardianship orders was detailed in Title 43a, Oklahoma’s mental health laws, the opinion said.
Wards should be permitted the ability to associate with whomever they wish, the opinion said; but if a judge does restrict access, the order must specify the persons who are to be restricted.
A Restraining Order is Hereby Entered
In the August 29 hearing, Harrington ruled against the APS request to restrict all access to Estelle Simonton; Matthew Simonton was permitted to visit his mother.
But the judge issued several other rulings.
Special judges in Oklahoma are not elected; district court judges appoint them, and their duties and powers are significantly limited.
Judge Harrington’s LinkedIn page identifies her not as a judge, but as an attorney whose practice is entirely restricted to family law; she is a “divorce lawyer who doesn’t like divorce,” and who values “dating smarter” and “keeping marriage strong.”
In addition to denying APS’s motion, Harrington issued three orders: Matthew Simonton cannot discuss his mother’s case with his mother; he cannot bring anyone other than his domestic partner and her child to visit Estelle Simonton; and access to Estelle Simonton is denied to any member of the media.
“A restraining order is hereby entered preventing Mrs. Simonton from being interviewed by press without further order of this court,” the ruling reads.
Predatory Guardianship
Rick Black, founder of the Center for Estate Administration Reform, which has investigated 5,000 suspect adult guardianships since 2013, said the story of Estelle Simonton reeked of judicial hubris.
Black said that Oklahoma’s guardianship system appeared to lack best practices designed to avoid abuse and ignored an obligation to seek the least restrictive alternatives to guardianship. A lack of respondent counsel, transparency and third-party oversight, combined with an absence of video recordings at hearings and a requirement to seal files to avoid independent investigation, were significant issues with Oklahoma’s system, Black said.
Nationwide, Black said, there was a growing trend toward using claims of defamation as retaliation against those who expose guardianship wrongdoing. Lawsuits have been used to hobble the production of exposé documentary films being produced by Netflix and A&E.
For Black, Estelle Simonton was a case in point.
“The desire to silence [her son] Matthew and isolate Estelle is consistent with a predatory guardianship,” Black said. “The judge attempting to silence media on Estelle’s situation is also concerning.”
Oklahoma law requires judges to seal guardianship cases, a double-edged sword that is meant to protect patient privacy but also effectively thwarts any third-party investigation or oversight, a problem exacerbated by Harrington’s gag order.
Oklahoma City attorney Andy Lester, who has chaired the Oklahoma Free Speech Committee since it was created in 2022, agreed that Harrington’s ruling looks like an inappropriate encroachment on the First Amendment and the freedom of the press.
“This ruling appears to be an overreaching prior restraint,” Lester said. “It looks like a restriction on Ms. Simonton, but, as worded, it purports to bar all press. That is a step too far.”
The court did not respond to a request for comment by the story’s deadline.
No Oklahomans for Oklahoma City Event
In October, the National Guardianship Association will hold a Guardianship/Conservatorship National Investigator Training Program in Oklahoma City. The three-day event will feature talks on nursing home regulations, the ethics and standards of guardianship, and the role of judges in guardianship cases.
Former NGA president Anthony Palmieri, who will deliver the conference’s opening remarks, noted in a September 6 LinkedIn post that there had been no registrations from Oklahoma for the Oklahoma City event.
Editor’s note: This story was updated to show the judge barred Estelle Simonton from speaking to the press, not Matthew Simonton.
JC Hallman covers a variety of topics for Oklahoma Watch. Contact him at jchallman@oklahomawatch.org.
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