Guardianship News:

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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...]

Federal suit follows Texas Judicial Council Admission of non-compliance by guardians of senior citizens

April 25, 2018 // 0 Comments

 SAN ANTONIO – A Manhattan woman who worked as an actress in an NBC TV pilot directed by Spike Lee and a Macy’s commercial last year has filed a breach of fiduciary duty lawsuit against her San Antonio-based mother over the alleged abuse of and isolation from her legally blind father who is a 22 year veteran of the U.S. Air Force and currently guardianized under a Bexar County court order. According to the lawsuit, filed by plaintiff Juliette Fairley in the Western District federal [- more...]

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

April 23, 2018 // 2 Comments

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...]
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