Guardianship News:

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New Mexico: Victims of Desert State still waiting for restitution, more than one year after Donisthorpe’s guilty plea

August 12, 2018 // 1 Comment

By Colleen Heild / Journal Investigative Reporter Saturday, August 11th, 2018 at 11:30pm A woman known in court records as “J.W.” died destitute this year. But she had once been a co-beneficiary of a $600,000 trust at the now-defunct and disgraced Desert State Life Management company of Albuquerque. Her money, along with savings and trust accounts of more than 70 other vulnerable people who were clients of Desert State, were part of the estimated $4.8 million embezzled by company CEO Paul [- more...]

New Mexico: New legislation gives regulators more power – but will they exercise it?

August 12, 2018 // 1 Comment

New Mexico financial regulators learned their lesson the hard way after discovering in early 2017 that millions of dollars had been embezzled from clients at the small nonprofit Desert State Life Management. The state Financial Institutions Division of the state’s Regulation and Licensing Department headed to the Roundhouse in Santa Fe this year to seek new laws to help prevent another such criminal scheme, which went undetected for years. “Unfortunately, it was a reactive response. But [- more...]

From 2016 UN deliberations: Is Elder Guardianship A New Form Of Human Trafficking?

August 12, 2018 // 0 Comments

As the 71st session of the General Assembly of the United Nations begins this week to discuss international issues that affect the lives of millions throughout the world, the United States needs to step up its commitment to safeguard human rights and promote the rule of law in its own backyard — specifically, escalating abuse in the U.S. Elder Guardianship system. It’s legal, but is it right? Imagine you’ve worked hard all of your life and suddenly you are deemed incapacitated and are [- more...]

New Mexico: Pair plead guilty to fleecing WWII vet of $340,000; receive no jail time

June 24, 2018 // 0 Comments

Problems in the guardianship system in New Mexico continue. I’m referring to the article by Phaedra Haywood (“Pair plead guilty to fleecing WWII vet.” April 27). Obviously; Judge Mary Marlowe Sommer did not believe that 26 criminal counts were serious enough to put the couple in this case in jail. It’s the same twisted logic that allows attorneys and judges in this state to continue to overlook such criminals to hold them accountable. District Attorney Marco Serna stated [- more...]

Texas: 5th circuit appeal for injunctive relief follows allegations of ADA violations by Texas courts

June 12, 2018 // 0 Comments

From the SE Texas Record By David Yates | Jun 11, 2018 SAN ANTONIO – The Manhattan resident who sued her San Antonio-based mother Mauricette Fairley for fraudulently and unconstitutionally guardianizing her blind military veteran father James Fairley has filed a notice of voluntary dismissal without Prejudice with the federal Western District Court of Texas. The pleading was filed last week and states that plaintiff Juliette Fairley’s “voluntary dismissal against Defendant Mauricette [- more...]

New Mexico: Court administrator admits “We have no records showing the exact number of wards under guardianship in NM”

June 5, 2018 // 1 Comment

We were shocked, but ultimately not surprised, to find Barry Massey, Communications Officer for New Mexico’s Administrative Office of the Courts (AOC) admit, in writing, We have no records showing the “exact number of wards under guardianship in NM” because it is uncertain how many of the total case filings remain active and require judicial monitoring Please see these two PDFs (below) which explain how instead of answering the question about how many wards have been created by judges [- more...]

Comedy? Guardianship corruption covered by John Oliver in Last Week Tonight

June 4, 2018 // 1 Comment

Most who have been put through the wringer of guardianship will not find this comedy sketch much to laugh about, but John Oliver has helped all of us advocating for guardianship reform achieve a valuable goal: making 7 Million viewers, overnight & primarily under the age of 50, aware of the abuses occurring daily under guardianship in the US. If past episodes of Last Week Tonight are any indication, John Oliver may return to the topic of guardianship and delve into it as a continuing, [- more...]

Texas: Houston federal judge allows state judge to be sued in guardianship negligence case

May 16, 2018 // 1 Comment

By David Yates | May 16, 2018, 1:34pm HOUSTON – Southern District Chief Justice Lee H. Rosenthal recently issued a landmark ruling allowing a wrongful death lawsuit against a Houston probate judge to proceed in an adult guardianship claim. Sherry Johnston sued Harris County Probate Judge Christine Butts in 2016, alleging that her elderly mother Willie Jo Mills suffered broken bones and a rapid, preventable decline, which contributed to malnutrition and death when Mills was a ward of the [- more...]

Ohio: Once in a guardianship, few get out

May 2, 2018 // 1 Comment

We are reprinting this 2014 article from The Columbus Dispatch because, once again, so little has actually changed for the Wards trapped in guardianship since this article’s original publication on May 14, 2014.  We refer readers to previous articles published about Franklin County (Ohio) and abusive guardian and attorney Paul S. Kormanik, and Kormanik’s suicide once he was convicted of guardianship & legal abuses of his over 400 wards and sentenced to jail. A Dispatch analysis [- more...]
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