Emma France can go back to California after a Jasper County probate judge set aside orders that made the 95-year-old former Carthage resident a ward of Rita Hunter, the county public administrator.
R. Lynn Myers, France's attorney, contended that orders making France a ward of the county were void because France was not allowed to appear or speak at the hearing in which the guardianship was ordered, and because her daughter or other relatives were not notified of the court proceeding in which she was put under county control.
Previously, kidnapping charges were filed against Delores Forste, France's daughter, and her husband after they took France, at her request, home with them to Needles, California. Forste was arrested at her home and spent two weeks in jail in California before being brought to Jasper County to face charges.
France has maintained throughout the dispute that her daughter and son-in-law acted at her request in taking her with them to live in California.
France's attorney said he and his client are looking forward to the federal case, referring to lawsuits France and Forste have filed against Hunter and her attorney John Podleski. The lawsuits seek damages, and contend that actions that made France a ward of the county violated her rights because, among other things, France was not allowed to attend the hearing and her family was not given notice of the hearing.
R. Lynn Myers, France's attorney, contended that orders making France a ward of the county were void because France was not allowed to appear or speak at the hearing in which the guardianship was ordered, and because her daughter or other relatives were not notified of the court proceeding in which she was put under county control.
Previously, kidnapping charges were filed against Delores Forste, France's daughter, and her husband after they took France, at her request, home with them to Needles, California. Forste was arrested at her home and spent two weeks in jail in California before being brought to Jasper County to face charges.
France has maintained throughout the dispute that her daughter and son-in-law acted at her request in taking her with them to live in California.
France's attorney said he and his client are looking forward to the federal case, referring to lawsuits France and Forste have filed against Hunter and her attorney John Podleski. The lawsuits seek damages, and contend that actions that made France a ward of the county violated her rights because, among other things, France was not allowed to attend the hearing and her family was not given notice of the hearing.
3 comments:
This is very good news for the France family.
I hope this family is very successful in getting their just compensation in their civil litigation against the county guardian.
This is another Guardianship horror story that shows just how fast a person's life can change and go down the drain.
Just like that all of the persons rights aretaken away by a total stranger when that person becomes a Ward of the State.
Beware: These folks in the Guardianship racket have their money buckets ready and their eyes on....US!
Now we can hope Rita Hunter gets what's coming to her -- held accountable!
I am so happy for these people. I would like to thank the judge for making the right decision, and setting her free. There is not many judges in this country doing the right thing.
Post a Comment