Tampabay: Court's guardian to aid millionaire

CLEARWATER -- After essentially losing the right to control his own life, 92-year-old George Smith reached across a judge's conference table Thursday and shook hands with the man who was responsible for allowing that to happen -- his grandson.

A judge declared Smith incapacitated, stripping him of the right to travel, get a job, enter into contracts, sue people, give away property or money, seek medical attention or marry without court approval.

But Smith showed no animosity toward his eldest grandson, Doug Smith, who lodged a court battle when he found out the self-made millionaire married a woman 42 years his junior and burned through hundreds of thousands of dollars.

"What they have agreed to is fine," he said. "I need some help once in awhile over the humps . . . That'll be nice."

Family members and attorneys aren't sure whether Smith really understands what the judge's decision means, except for knowing he still can choose where to live and make decisions about his social life.

Smith had not spoken to family members for months, insisting through attorneys that he was able to handle his finances and that his wife, Delores Ann Holton, loved and cared for him. He had argued his grandchildren were after his money.

"She has done more for me than anyone else I know," he wrote to the judge in June. "I am a man of very few words and am saddened that I have to explain my life so everyone can understand."

But on Thursday, George Smith greeted his grandsons Doug and David Smith like long lost relatives. "I never thought I'd see you again," he told David Smith, who flew in from Germany for the hearing.

The grandsons, who originally wanted Doug Smith to be the guardian, were pleased with the outcome and joined Smith and his wife for a family meal after the hearing.

"Mr. Smith will now be properly protected and appointing someone else (as guardian) can help the family division that has occurred since the marriage," said Pam Campbell, Doug Smith's attorney.

Pinellas-Pasco Circuit Judge George Greer appointed a professional guardian, Ralph Foster, to study Smith's finances, determine what monthly allowance Smith should be given and figure out how much of his money is missing. Two trust accounts, worth more than a $1-million, will be in the hands of Doug and David Smith.

Clearwater police are investigating the relationship between George Smith and Ms. Holton, who faces criminal charges that she stole $70,000 in 1998 from a man who is paralyzed on one side and used a wheelchair after a stroke. Her trial is set for Oct. 18.

Ms. Holton, 50, said Thursday the publicity has ruined her reputation and caused her to lose work as a health aide.

George Smith, who retired to Clearwater three decades ago after a career as an executive at Gulf Oil, and his late wife of 67 years, Augusta, first hired Ms. Holton, a certified nursing assistant to look after Mrs. Smith. When Mrs. Smith, 90, died in December 1998, Ms. Holton stayed on to help with the cooking and cleaning.

The two were wed in a small outdoor ceremony on Clearwater Beach Jan. 29, but didn't tell family members until later.

A court-ordered psychologist, Valerie McClain, who examined Smith this summer said he has symptoms consistent with dementia and has problems with short-term memory, poor awareness of his finances and lacks the capacity to make decisions.

Robert Zeitler, a court-ordered psychiatrist, said Smith thought the current year was in the 1950s during an interview. Later, he said it was the 1970s. Smith knew he was in Clearwater but could not name Pinellas County, Zeitler said.

- Times researcher Kitty Bennett contributed to this report.

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