National Association to STOP Guardian Abuse
For immediate release
November 9, 2009
For more information contact:
NASGA Media Liaison
Very Questionable Practices in Eufala, Alabama Court
On October 20, 2009, the Eufaula Tribune reported that out-of-town developers closed a deal on the “former Walker properties,” planning a 40-unit apartment complex for low-income residents.
The limited details of the transaction, as reported in the article, are very troubling.
Look at this astounding timeline:
9/25/09 - Eufaula, Alabama resident Henry David Walker, Jr. (37) was arrested and incarcerated for failing to appear in response to a traffic violation.
A petition, filed by local attorney Courtney Potthoff, requesting appointment of an "emergency guardian and special conservator" was approved by Barbour County Probate Judge Nancy Robertson in order to "bring the real estate deal to fruition." Walker did not appear at the purported hearing.
9/28/09 - Barbour County Sheriff LeRoy Upshaw was appointed as "emergency" guardian/special conservator.
9/29/09 - While Walker was incarcerated the Sheriff sold his real property to the out-of-town developer.
HIS PROPERTY WAS SOLD WITHIN FOUR DAYS OF HIS INCARCERATION ON A TRAFFIC CHARGE!
NASGA questions, as should the citizens of Eufaula, whether Walker's rights were protected and where he is now. NASGA wrote Judge Robertson and inquired as to Walker’s current whereabouts: no response.
Emergency guardianships are designed to protect vulnerable/incapacitated people in cases of real emergencies where they are a potential danger to themselves or others. Mr. Walker was incarcerated. NASGA questions:
• What danger was Henry Walker to himself or others when he was incarcerated?
• What was the rush to sell his property?
• Where is Mr. Walker now?
• How were his rights protected?
• Was he examined for mental incapacitation?
• Why wasn’t he at the hearing?
• Where is his personal property?
Just as important: who is investigating the seemingly suspicious relationship of the parties involved in Mr. Walker’s “emergency” guardianship?
The complete facts of this case are not known but what we are told via the 10/20 article cries out for total transparency and accountability. Since "protective statutes" are promulgated in the public interest, the court proceedings should be available on line.
The citizens of Eufaula need someone to answer these questions.
Sheriff Closes Deerfield Sale: Highland Property Owner Incarcerated and Incapacitated