Guardianship News:

Judicial actions

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...]

New Mexico: latest guardianship hearing held in secret

November 27, 2017 // 1 Comment

By Colleen Heild and Olivier Uyttebrouck / Journal Staff Writers From the Albuquerque Journal A guardianship court hearing for Holocaust survivor Peter Grotte-Higley was held in secret on Tuesday, three weeks after the judge in the case postponed the matter saying she wanted to research the issue of whether two Journal reporters could attend. State District Judge Denise Barela-Shepherd at an Oct. 2 hearing instructed the attorneys in the case to research the “legal authorities either in [- more...]

Some hard realities we must now disclose.

October 26, 2017 // 2 Comments

As we watch victims from every corner of America plead for our help day after day; as we watch  judges make a mockery of justice in probate courts around the country; as lives and fortunes are demolished on the altar of voracious greed; as we witness the rapidly accelerating erosion of trust in our bedrock institutions of law we cannot help but come to some alarming conclusions. Now, we must stand and state for all to realize that: 1. Juryless probate guardianship proceedings are illegal, but [- more...]

What do you think?

October 11, 2017 // 4 Comments

A reality check We live in a very complicated world and some would say a very cruel world. The pace of life has drastically accelerated. We are no longer nice or even civil to each other. We are witness to all kinds of aggressions. We are assaulted daily with more information that we can possibly process. Foundational aspects of our way of life have come under fire. Our safety is threatened seemingly at every turn. Our politicians have disgraced themselves endlessly. Our sources of news and [- more...]

New Mexico: Guardianship Commission reveals changes to be proposed

September 23, 2017 // 0 Comments

From the Albuquerque Journal By Colleen Heild / Journal Investigative Reporter Friday, September 22nd, 2017 at 11:45pm A special commission on Friday unveiled a slate of ambitious proposals to strengthen oversight of the state’s ailing guardian and conservator system, which oversees finances and other major decisions for many of New Mexico’s most vulnerable citizens. The Supreme Court-appointed commission’s recommendations include hiring special court employees to hear grievances and [- more...]
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