Powers v. Puka: 28 Root Causes For Court Involvement – PSDI – Part 3

by | Oct 19, 2023 | Family Disputes

—-

Link to the written Timeline Of Events in the Powers v. Puka lawsuit.

Below is a Visual Timeline Of Events.

—-

What’s Fueling Non-Stop Escalations To Court?

The Tumultuous Path To Legal Action: Unraveling The Powers v. Puka Dispute

The Powers v. Puka and/or the Denise v. Janette court case are a complex web of familial disputes, financial disagreements, and emotional turmoil. 

At its core, the escalating tensions seem rooted in a combination of family dynamics, inheritance disputes, and differing perceptions of responsibility and entitlement.

Denise’s decision to exclude Janette from a 4th of July gathering due to COVID concerns set off a chain of events, highlighting Shawn’s vulnerability and Janette’s potential exposure. 

This was further exacerbated by disagreements over trustee duties after their father’s passing and Janette’s feelings of exclusion from significant family decisions. 

Financial disagreements became evident, with both Charmelle and Janette seeking specific compensations from the family trust, despite varying levels of involvement in family care responsibilities.

Matters related to property, such as Puka’s new house purchase and Joseph’s house sale, added fuel to the fire. 

Misunderstandings and miscommunications, especially concerning Andrea’s health and medication, further strained relationships. 

Denise’s perceived control over family matters, especially concerning property and assets, became a significant point of contention.

The situation reached a boiling point with secret meetings, allegations of deceit, and financial pressures. 

Underlying all these specific issues is a broader theme of unresolved emotional pain and strained family relationships. 

This intricate tapestry of events, combined with external pressures such as property sales and legal contracts, ultimately pushed the family towards the courtroom.

Where Did The Source Of The Pressure Come From?

The specific trigger for the escalating tensions appears to be a combination of family dynamics, inheritance disputes, and differing perceptions of responsibility and entitlement. 

Key points of contention include:

  1. Denise’s decision to exclude Janette from a family gathering due to COVID concerns, emphasizing Shawn’s vulnerability.
  2. Disagreements over trustee duties and inheritance matters following their father’s death.
  3. Janette’s feelings of being left out of significant family decisions and her belief that she should be informed about all family matters.
  4. Disputes over the care and medical decisions for Andrea, particularly between Charmelle and Denise.
  5. Financial disagreements, with both Charmelle and Janette seeking specific compensations from the family trust.
  6. Denise’s perceived control over family matters, especially concerning property and assets.
  7. Underlying all these specific issues is a broader theme of unresolved emotional pain and strained family relationships.

The culmination of these factors, combined with external pressures such as property sales and legal contracts, seems to have pushed the family towards legal action.

What specifically triggered all this into action?

Wisdom says that it’s never one thing, but many, that sparks escalating escalations.

Here’s a comprehensive list of potential issues we identified that may have collectively contributed to the tipping point, leading to ongoing, intense family disputes and continuous court battles.

  1. Due to COVID concerns, Denise didn’t invite Janette to her 4th of July party.
    1. Denise explained that Shawn was at high risk, especially since Janette was exposed to COVID daily at the hospital.
    2. Denise felt Janette was being inconsiderate of Shawn’s vulnerability.
    3. In response, Denise sent Janette a strongly-worded email expressing her disappointment.             
  2. After their father’s passing, Denise didn’t allow Janette to perform trustee duties.
    1. Janette perceives Denise as overly controlling, even though Denise claims that she’s adhering strictly to their father’s wishes.
    2. Janette might be envious since their father appointed Denise as the primary trustee.
  3. Denise, Charmelle, and Puka made decisions without informing Janette.
    1. Puka bought a new house near Denise.
    2. Charmelle relocating to Twin Falls to live with Puka at her new house.
    3. Joseph moves into Puka’s old house.
    4. Janette feels she should be informed about all family matters.
  4. John Martin told Janette that her inheritance would be placed in a trust upon Marge’s death.
  5. Denise is believed to have added restrictions to Puka’s trust concerning Janette and Charmelle.
  6. Charmelle was upset when criticized for advising Andrea to remove her oxygen for exercise.
    1. Charmelle claims her advice was based on a hospice nurse’s recommendation, while Andrea’s cardiologist advised continuous oxygen use.          
  7. Charmelle felt pressured about Andrea’s medication, even though the dosage was minimal and within prescribed doctor’s orders.
    1. She was allowed 10 ml and I was just giving her .1  3x daily for anxiety
    2. I told charmelle, puka and janette to come over when the hospice nurse was there to explain andreas meds to them (they refused).
    3. If charmelle would of actually took time to understand andrea meds, maybe andrea would of felt more comfortable with charmelle caring for her               
  8. Denise tells Joseph, Kevin, and Lucinda that she’s just going to lie to Janette and Charmelle about the house situation – despite Joseph explicitly telling Denise NOT to lie or hide any truth. Joseph kept telling Denise to not tell anyone anything, this is Joseph’s private contract and no one needs to know except Joseph and Puka.
  9. Joseph’s house sold and made a $90,000 profit (Joseph offered to even split the profits with Janette and Charmelle – they rejected)
  10. Secret week started on Aug 16th excluding Denise, Kevin, and Joseph from any knowledge meetings or discussions about Joseph’s contract.
  11. Kelly, stressed at work, wishes to retire, similar to Kevin. Both Janette and Charmelle shared this information.
  12. On September 1st, Andrea contacted Janette’s supervisor.
  13. By September 17th, Charmelle was discontented with her role in assisting Andrea.
    1. Puka wants garage remote back from Denise on the same day.
  14. Denise didn’t give Puka her trust binder or empty brief case.
    1. David Taylor drops representation with Puka and Denise gives trust binder and brief case to Kara.
  15. Puka, Charmelle, Denise, Kevin, David Taylor, Brian Scott, John Martin, et al., claim the following.
    1. There’s a perception that Charmelle and Janette’s husbands are financially irresponsible.
  16. Denise stops Janette from getting Arizona house.
  17. Denise didn’t meet Janette and Charmelle’s financial requests. 
    1. Charmelle – alleges she takes care of Marjorie and that’s her compensation, but still wanted more.
      1. Charmelle was already receiving free cost of living from the trust.
      2. Charmelle was already receiving $1,000 per month from other trust.
      3. In addition to free cost of living and $1,000 per month, Charmelle also wanted compensated $2,000 per month or $400,000 upfront.
    2. Janette – not taking care of Marjoire in any way still wanted the following compensation for doing nothing.
      1. Janette wanted $2,000 per month or $400,000.
  18. After a mid-August resolution, Janette and Kelly frequently contacted John Martin.
    1. Janette and Kelly text John Martin for the next several days (contents unknown).
    2. Puka is mad when she finds out that Janette and Kelly are lying to John Martin.
    3. Clerk/auditor/reporter calls Puka, are they just going to sell the house underneath Joseph’s feet without telling him?
  19. Denise threatens to sell Puka’s house out from under her.
  20. Denise is perceived as intrusive and controlling towards Puka.
  21. Denise says nasty things.
  22. Puka might have misunderstood a deal she proposed to Joseph. (Not likely).
  23. Janette feels she’s not benefiting from the family trust, even though she’s not contributing to the trust.
  24. Denise didn’t address Janette and Charmelle’s financial requests for seven weeks.
  25. Upon realizing they wouldn’t receive a significant payout from the trust after Marjorie’s death, Kelly Golay and Dave Change pressure Charmelle, Janette, and Marjorie to confront Denise to make radical changes before, during, and after Andrea’s death.
  26. Denise frequently reminded Puka of her lack of ownership of property and assets because the trust is the new owner.

    1. Puka and Denise often “joked” about a particular topic. After Puka signed the trust, transferring all their money to Denise, Puka would humorously remark, “Well, you now have all my money.” Whenever Puka considered purchasing items, such as bedroom furniture or a dining room table, they would playfully ask Denise, “Since you have all my money, can I afford this?” or “Denise, will you let me buy this since you have all my money?” Both of them would laugh at these comments, and Denise would jestingly reply, “No.”

  27. Puka gives Denise power over Janet and Charmelle as trustee.
  28. Puka believes Kevin is wealthy enough to support her lifestyle.
  29. There’s a theme of unresolved emotional pain causing harm within the family dynamics.