Court Soliciting Comments

Tennessee Supreme Court Requests Comments on Proposed Guardian ad Litem Rule:

The Court is considering the adoption of a new Rule of the Supreme Court governing the appointment of guardians ad litem for minor children in divorce and post-divorce proceedings. The Court is soliciting written comments from judges, lawyers, bar associations, members of the public, and any other interested parties, concerning the proposed new rule.

Click here to see the Rule (PDF)

Click here to view comments (PDF)


The deadline for submitting written comments is June 30, 2008. Written comments should be addressed to:

Mike Catalano, Clerk
Tennessee Appellate Courts
100 Supreme Court Building
401 7th Avenue North
Nashville, TN 37219-1407

Source: Tennessee Administrative Office of the Courts

Conservatorship Scheme

From the Walt Disney masterpiece Beauty and the Beast:

Gaston intends to marry Belle but Belle rejects him. Gaston begins pouting about Belle's rejection. Lefou and some of the villagers cheer him and remind Gaston of how admired he is.

During the revelry, Maurice, Belle's father, arrives at the tavern in town, frantic and begging for help to rescue Belle from the Beast. But, no one takes him seriously, and Gaston has him thrown out.

When one of the villagers mentions that "crazy old Maurice, he's always good for a laugh," Gaston hatches an evil scheme, which he confides to Lefou.



The scheme:

Gaston summons Monsieur D'Arque, who runs the local insane asylum. Gaston explains that everyone knows Maurice is a lunatic who should be locked away, especially since his recent rantings about some Beast. However, if Belle consents to marry Gaston, Maurice could be freed from the Maison Des Lunes. Monsieur D'Arque gladly agrees to help Gaston by conserving Belle's father.

In real life, Conservatorship Schemes are happening every day in our country. Court appointed guardian's and their attorney's isolate the Ward in nursing homes and dissipate the estate monies in record time.

Granny Snatching

“Granny snatching” occurs when greedy guardians exploit elder or disabled family members by moving them to a state with laxer rules. Granny snatching laws vary drastically from state to state.

04-2008:
Colorado Senate Bill 100 creates uniform laws for Colorado’s oversight of guardianship. The Bill creates protections for seniors and disabled transported across state lines by greedy guardians.

“When grandma starts to show signs of memory loss, she may choose to sign over her bank accounts and estate to a trusted family member. Unfortunately, some people abuse this trust. This bill simply protects vulnerable populations from greedy guardians while making sure that well-intentioned family members can continue to make good decisions for their loved ones.”

The bill passed on a vote of 62 to 2 in the House. It now heads to the Governor’s desk for a signature.

Source: Granny Snatchers Go Home

Utah has become the first state to adopt model legislation to untangle the interstate jurisdictional guardian issues that abet so-called "granny snatching'' and, more frequently, thwart well-meaning guardians who have to act in more than one state.

Source (subscription required):
Utah the first state to enact anti-'granny-snatching' law

How Many Others?

The Schiavo case alerted America to abuse of power by the courts, and to the need for advance directives. But in today’s corrupt courts, even duly executed advance directives can be disregarded - when there is a lot of money to be made by the judge’s pals. The feeding frenzy has reached epidemic proportions around the country.

Over the years, a growing uncaring and unjust judicial system has helped convert guardianship/conservatorship from an appropriate law to one which, if misused, is damaging to the general public.

At present, it operates to ensnare the most vulnerable people in a larger and larger trawling net, now including those merely physically “incapacitated”! It has become a feeding trough for unethical lawyers and other “fiduciaries” appointed by the courts to protect, but many of whom become nothing more than predators.

Wards, instead of being protected by the system, are victimized by it, losing their freedom, property and their very lives, due to a lack of monitoring by the individual judges and court administrators, and further lack of oversight of the courts by state and federal legislatures.

Uncaring and corrupt judges misuse the law and engage in blatant due process, civil/human rights violations. Victims aren’t always given notice of hearings at which they will be judged, aren’t always allowed to attend, and often don’t have lawyers. If the court does appoint lawyers, often they are too closely affiliated with other professionals who make their living in these courts and cases and they don’t properly represent the victims’ interests. Corrupt judges do not apply the required evidentiary standards in making adjudications of incompetency.

Homes are sold to insiders at below market! Contents - family heirlooms, jewelry, photographs, etc., - disappear, either stolen outright or sold at auction. Estate assets are rapidly paid out to the fiduciaries in exorbitant “fees” and “commissions” until there is nothing left!

“Fiduciaries” are given power of life and death, burying their wards in nursing homes where they are kept chemically restrained with unnecessary and dangerous drugs; family members are denied any say in their care, and sometimes denied visitation, except under guard at their own expense!

Written by a NASGA member.

Death by Dehydration ...

... is Murder.

Connecticut: two people accused of depriving a 23-month old toddler of fluids for at least a week as a punishment for bed wetting were charged with manslaughter, cruelty to persons and a risk of injury to a minor after the child’s death was ruled a homicide.

Texas: a Houston mother was arrested and charged with felony murder in the death her child, accused of failing to provide adequate nutrition and hydration to her blind five-year-old son.

New York: a 47-year-old Albany woman was indicted by a grand jury on charges of second degree manslaughter, criminally negligent homicide and endangering the welfare of a vulnerable elderly person for not caring for her 78-year-old mother or providing proper sustenance, starving her to death. If convicted she faces up to 15 years in prison.

Michigan: Jack “Dr. Death” Kevorkian, was convicted in April 1999 of second degree murder in connection with the 1998 euthanasia death of Thomas Youk, 52, who was afflicted with Lou Gehrig’s disease.

Mississippi: a wrongful death lawsuit was filed in 2006 in U.S. District Court against a nursing home for allegedly causing the death of a 74-year old resident by dehydration after the facility “consistently” failed to provide her with sufficient fluids.

Florida: they give awards to judges who order the death of the disabled and laud the person who fought a disabled woman’s family for more than 10 years in his quest to kill her and who lied on his guardianship application as “guardian of the year”.

Full Article and Source:
Death By Dehydration Is Murder

Life for Lauren

Lauren struggled with substance abuse but had been clean for ten months. On August 28, 2006, she overdosed on heroin, resulting in damage to her brain due to oxygen deprivation.

Because Lauren’s parents knew that she wanted to give birth to her child, they agreed on medical treatment of Lauren during her pregnancy.

Lauren’s daughter Ember Grace was born in February 2007, and she is a healthy little girl.

After Ember’s birth, Lauren was taken off a ventilator and tracheotomy and much to the surprise of her doctors, she began breathing on her own.

It was at this time that Lauren’s father, Randy Richardson and mother, Edith Towers, disagreed on Lauren’s treatment plan, ultimately leading to cross-petitions for guardianship.

Mrs. Towers wants to stop Lauren’s tube feeding, which would lead to her death, because she personally believes that Lauren would not want to live in her condition.

Mr. Richardson wants to continue ordinary care for Lauren like tube feeding, basic medications, and cleanliness, but not extraordinary care.

Master Glasscock issued his final report on January 24, 2008, granting guardianship to Mrs. Edith Towers.

Lauren’s father, Randy Richardson, is fighting this ruling and has currently filed a Notice of Exceptions, a Motion for Trial and Hearing, and a motion for further medical evaluation of Lauren.

Randy believes that Lauren was hopeful and would not want to be starved and dehydrated.

Randy and a local neurologist believe Lauren is showing signs of consciousness beyond PVS.

Randy has been told that with therapy Lauren may be able to learn to eat without a tube, continue to improve, and recognize visitors, including her daughter.

Randy is asking the Court to award him guardianship of Lauren so that he can take her home, love and care for her as any father would.

Source: Life for Lauren

See also:
Life for Lauren - You Tube

In Search of Justice for Lauren

Parents battle over life of brain-damaged daughter

Halt court war, Schiavo lawyers advise

New court order says no more videos