Guardianship News:

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Texas Judicial Council admits widespread (43%) non-compliance by guardians

April 23, 2018 // 1 Comment

AUSTIN – The Texas Judicial Council recently announced to the House of Representatives last week in Washington, D.C. that 43 percent of adult guardianship cases in the state of Texas are out of compliance with reporting requirements. Adult guardianship cases include the elderly and people with disabilities who have become “wards” of the state. Their assets make up some $4 to $5 billion that pass through county probate courts in Texas, according to TJC data. There are not only breaches [- more...]

Texas: New study says rights of Texans being violated, SC allowing guardianship system to violate ADA

April 10, 2018 // 0 Comments

AUSTIN – A new study by the Spectrum Institute has determined that the Supreme Court of Texas is allowing the adult guardianship system throughout the to operate in violation of the mandates of the ADA and Section 504. In response, the Spectrum Institute filed a class action complaint with the Supreme Court of Texas on April 9, 2018. “Our complaint calls the attention of the judiciary to documented deficiencies in the guardianship system — deficiencies that place respondents at [- more...]

New Mexico: Courts are unable to state whether ward is dead or alive – since 2010

March 25, 2018 // 3 Comments

By Colleen Heild / Journal Investigative Reporter Sunday, March 25th, 2018 at 12:05am What’s become of Elizabeth Hamel? There’s no indication as to whether she is dead or alive, or if the guardianship/conservatorship has been revoked. Hamel is among dozens of people placed under a legal guardianship or conservator in southern New Mexico over the past 20 years whose welfare is unknown – at least according to state district court records. The scant court records available to the public [- more...]

Tennessee: Competent Woman fights court system for right to make own decisions

February 19, 2018 // 0 Comments

From WSMV-TV Channel 4: WSMV News 4 NASHVILLE, TN (WSMV) – Reba Sherrill may be in a wheelchair, but she’s ready for a fight. “I’m not going to let them just get away with this,” she said. Sherrill is fighting for the right to make her own decisions – something her daughters don’t take for granted anymore. “My mom’s not a criminal, and yet they’re treating her like a criminal,” said Brenna Outlaw, Sherrill’s daughter. The struggle [- more...]

Tennessee: Woman battles unintended consequences of conservatorship bill

February 19, 2018 // 0 Comments

WARNING: It has become commonplace for states to pass laws that specifically allow hospitals, nursing homes, and other institutions providing in-patient (medical) care to put their patients under guardianship so that they control their patient’s estate and can then pay themselves for any patient bills that the institution generates. It’s called an appointed “Health Care Fiduciary” and it’s one of the most expensive way to be forced to pay for medical care.  AAAPG [- more...]

Texas: Attorney’s fees denied to attorney Don Ford who hired himself as estate administrator

January 16, 2018 // 1 Comment

The following article appeared in Texas Fiduciary Litigator publication and their website. It has since been removed from the website. Court Affirms Order Denying an Administrator’s Attorney’s Fees By David Fowler Johnson on June 28, 2016 In In re Estate of Williams, attorney Don Ford was appointed an administrator of an estate and hired himself as an attorney for the estate. No. 05-15-00392-CV, 2016 Tex. App. LEXIS 5990 (Tex. App.-Dallas .June 6, 2016, no pet. history). Later, the [- more...]

New Mexico: Court suggests critical changes to state rules

December 30, 2017 // 0 Comments

By Colleen Heild / Journal Investigative Reporter Saturday, December 30th, 2017 at 12:05am New Mexico’s secretive system under which the state handles daily living and financial decisions for hundreds of incapacitated people a year would undergo a radical transformation if recommendations unveiled by a state Supreme Court commission are adopted. The commission’s final report of recommendations for an improved guardian/conservator system in New Mexico – released late Thursday – presents [- more...]

New Mexico: Editorial – Critical flaws abound in proposed guardianship laws

December 30, 2017 // 0 Comments

Originally published in the Albuquerque Journal on Dec 24, 2017. The Uniform Law Commission’s (ULC) recommended changes to New Mexico’s guardian and conservator laws continues to position judges and their appointees beyond any accountability for actions taken in guardian and/or conservatorship cases. No financial monitoring of the judges, attorneys and professionals is proposed; the word “audit” is not found once in 150 pages of proposed statutes. Instead, existing laws are re-written, [- more...]

Nevada: The Perfect Crime

December 1, 2017 // 0 Comments

“Your case was concluded and closed last week with no criminal findings.” – Sgt. Troyce Krumme,10/31/2017 “This case has already been processed in criminal court.” – Sgt. Jerome Milton,11/7/2017 INSIDE VEGAS by Steve Miller AmericanMafia.com November 13, 2017 LAS VEGAS – “Its completely legal in Nevada.”  Those were the words of CBS 60 Minutes senior producer Bob Anderson in September 2014, after spending the entire summer filming a [- more...]

Nevada: Speculation On Why Jared Shafer Has Not Yet Been Indicted

December 1, 2017 // 0 Comments

INSIDE VEGAS by Steve Miller AmericanMafia.com October 16, 2017 LAS VEGAS – His name sends chills up and down the spines of hundreds of exploited senior citizens, disabled people, and their families.  I’m often asked why private professional guardian, Jared E. Shafer, is still at large after his criminal activities have been exposed time and again on local and national media, and he’s been the subject of over four years of criminal investigation by the Las Vegas Metropolitan [- more...]
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