Guardianship News:

Texas

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...]

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...]

National: Elder Home Facilities Gone Bankrupt in 2017

September 8, 2017 // 0 Comments

by Juliette Fairley Louisiana Antigua Investments LLC is seeking to escape up to $10 million in liabilities, of which $1,017,195.96 is owed to Cottonport Bank and $250,000.00 to the IRS. Filed in the Western District of Louisiana, the chapter 11 petition was signed by Member and Manager Thomas E Cupples II, who was named in a 2015 lawsuit for allegedly violating the Fair Labor Standards Act. Other bankruptcy petitions signed and filed by Mr. Cupples on August 22 include Quality Home Health, [- more...]

Treachery in Texas!!!

June 14, 2017 // 1 Comment

AAAPG Comments: Every citizen in Texas should be up in arms over Governor Greg Abbott’s treachery!! From the Texas Observer: Texas Governor Vetoes Guardianship Oversight Bill In one of his line-item vetoes announced Monday, Governor Greg Abbott effectively canceled a statewide program to inspect guardianship cases for signs of fraud or abuse against vulnerable Texans who are under court protection. Abbott achieved a $5 million cut from the $217 billion state budget by eliminating a [- more...]

News from Texas

September 28, 2016 // 0 Comments

https://www.texasobserver.org/guardianship-hearing-texas-senate/   David Slayton, Executive Director Texas Office of Court Administration  is trying to expose the issue of fraudulent guardianships in Texas.  This article highlights the Texas legislature’s current attempts to demand transparency and accountability to Texas law by the judiciary concerning adult guardianship rulings. Texas guardianship data is as suspect as Nevada when we started our efforts in late 2014.  Slayton [- more...]

How the Courts Subvert Justice–Texas Style

September 24, 2016 // 0 Comments

This brief tells the story of how reporter Juliette Fairley and her family were denied justice in a Texas probate court Appellant’s Brief Fairley File Stamped May 6, 2016 You can track the progress of Juliette Fairley’s appeal by following the case docket for Texas’ 4th Court of  Appeals, Case No.: 04-16-00096-CV Update: As of August 30 2016, the 4th Court of Appeals denied Appellant Juliette Fairley’s request for Oral Arguments, stating: …has determined that oral [- more...]

Texas NPR: Legal Guardianship’s Meant to Help the Elderly – But Some Texans Are Abusing the System

June 30, 2016 // 0 Comments

  From Texas Standard: As the population of Texas grows, so changes the demographics. According to the most recent data from the Texas Department of Aging and Disability Services, the state’s population of those age 60 and older is expected to triple by 2050. Many of those people will require assistance to help manage their estates, with their legal and financial rights being handed to guardians. But while Texas’ rate of guardianship control increases – there are allegations [- more...]
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