Guardianship News:

Judicial actions

Legal Points to ponder

April 19, 2019 // 0 Comments

In speaking to the countless numbers of people across the country who call our hotline to look for help to be rescued from the abuses of guardianships, one question keeps coming up over and over again—” isn’t there anything I can do legally to stop this insanity?” Sadly, the typical response to this question is to hire one lawyer after another who fail in succession despite charging enormous legal fees. The vagaries of equity court, the absence of a jury, the absence of rules of [- more...]

Texas: Federal judge sends suit against probate judge and guardian to state court

April 10, 2019 // 1 Comment

HOUSTON – U.S. District Judge Lee H. Rosenthal remanded plaintiff Sherry Johnston’s breach of fiduciary duty claim against court appointed guardian David Dexel to the 253rd Judicial District of Liberty County, all while letting Harris County Probate Judge Christine Butts off the hook. “Unlike the claim against Judge Butts, the claim against Dexel raises unsettled issues of Texas law,” wrote Judge Rosenthal on Mar. 14 in a 40-page ruling from the bench of the U.S. District Court [- more...]

How to Fight a Guardianship Part 1

March 19, 2019 // 1 Comment

How to fight a guardianship—Part 1 One of the most difficult aspects of involvement in the guardianship trap is the near impossibility of fighting it. Abusive/fraudulent guardianship is a fraud racket intentionally constructed to defeat anyone or anything that gets in its way. Only the court insider perpetrators ever profit from it. Everyone else suffers. Victims from all over the country have experienced abject failure in their attempts to reverse or mitigate such guardianships when they [- 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...]

On Recusing a Judge in Probate

May 4, 2018 // 0 Comments

  We receive lots of desperate phone calls (usually at the last second) asking what can be done about judges who appear to be biased and are about to make rulings of grave consequence to victims and their families. We shed some light on the topic below. Note: This is not legal advice, nor should it be construed as such. Consult a competent attorney for legal advice. Neil Goodman writing in Lawyers.com blog reviews a range of issues regarding judge recusal that we discuss below. Our [- 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...]

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...]

Courts as a revenue source, federal money and its strings.

December 21, 2017 // 1 Comment

  Probate/Equity courts across the country are not only creating guardianships in record numbers but abetting the explosion in the number of abusive and exploitative professional guardianships. We estimate that about 14% of adult for profit guardianships are fraudulent and/or abusive accounting for billions of dollars of wealth extraction yearly. But why? Remember: Guardianship is about money—only money. But even a cursory examination of one court funding system provides a ready [- more...]

Using incapacity claim as a weapon in divorce

December 20, 2017 // 0 Comments

In yet another way that guardianship can be used as a weapon, a Florida Clerk of Courts tried to have her husband guardianized as a way to grab his pension in a divorce proceeding. http://www.sun-sentinel.com/local/broward/fl-reg-howard-forman-marriage-20171219-story.html The Judge, who has been named in many victim complaints, actually sent valid examiners to find the man fully capacitated and then denied the guardianship. It might be noted that the man in question was political insider and [- more...]
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