Guardianship News:

Texas

National: How Michigan’s Retirement Fraud battle will help you

July 16, 2019 // 0 Comments

by Juliette Fairley When Shelley Thomson fell ill earlier this year with potassium deficiency and called 911, she didn’t expect her life to change so drastically. Formerly, the 75-year-old lived freely in a home in New Braunfels, Texas, inherited from a parent. The retired stock broker now resides in a bedroom with bars on the window in a locked facility. It was a guardianship imposed upon Thomson on May 23 that resulted in her becoming a ward of the state. Currently, the Texas Health and [- more...]

Texas: San Antonio Lawyer Sanctioned for Fraudulent Conduct Involving Elderly Millionaire

July 8, 2019 // 0 Comments

“The sanctions order is designed and intended to silence the only people asking for a second medical opinion,” said San Antonio solo practitioner Philip Ross. By Angela Morris | May 30, 2019 at 06:43 PM A San Antonio attorney will appeal a $227,000 sanction in which a probate judge found the lawyer and his clients “participated in a fraud upon this court” by lying and filing groundless pleadings in bad faith during a guardianship proceeding involving an elderly, incapacitated [- more...]

Texas: Health & Human Services Commission sued in federal court for constitutional violations in guardianship

July 8, 2019 // 0 Comments

NEW BRAUNFELS – The Texas Health and Human Services Commission was sued in Western District federal court on July 5 for allegedly violating the freedom of speech and right of association of a 75-year-old New Braunfels woman who is a Ward of the state. A guardianship was imposed upon Shelley Thomson on May 23 after she fell ill with potassium deficiency and visited a hospital emergency room, according to a press release. HHSC is currently Thomson’s guardian. “HHSC has a duty to provide [- 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...]

The Truth About Custody Battles Involving the Aging

August 31, 2018 // 0 Comments

From The Medium, by NYC-based actress and journalist, as well as AAAPG member, Juliette Fairley. On May 15, 2018, federal judge Lee H. Rosenthal in Houston issued a landmark ruling allowing a wrongful death lawsuit to proceed against the $500,000 public official bond of state probate judge Christine Butts in Harris County. The claim against Judge Butts’ bond was brought to the Southern District federal court of Texas by Sherry Johnston who alleges Judge Butts turned a blind eye to the [- more...]

National: The Truth About Custody Battles Involving the Aging

July 2, 2018 // 0 Comments

On May 15, 2018, federal judge Lee H. Rosenthal in Houston issued a landmark ruling allowing a wrongful death lawsuit to proceed against the $500,000 public official bond of state probate judge Christine Butts in Harris County. The claim against Judge Butts’ bond was brought to the Southern District federal court of Texas by Sherry Johnston who alleges Judge Butts turned a blind eye to the preventable decline of her aging mother Willie Jo Mills while she was a ward of the State of Texas under [- more...]

Florida, Texas, all states – ? Death by guardianship

June 16, 2018 // 0 Comments

The following is written by journalist and AAAPG member Juliette Fairley, in honor of two guardianship victims, Marcia DeZenzo and Doris Davis, the 2nd of whom died on June 5, 2018: On the surface, Marcia DiZenzo had nothing in common with Doris Davis. The 40 something year old DiZenzo hails from Connecticut but lived in Florida while Davis, an octogenarian, was a ride or die Texan. DiZenzo was Italian-American while Davis was African American. DiZenzo was born in August; Davis in November.  [- more...]

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...]

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...]

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...]
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