Wednesday, May 28, 2008

Undrafted Medical Certificate

The medical certificate used to get Emma France declared incapacitated and disabled was not filled out by the doctor who signed it.

France was made a ward of Rita Hunter, Jasper County public administrator, after a trial held May 16, 2007, in Jasper County Probate Court.

France was taken to the office of Dr. Stephen Bazzano in Galena, Kan., the day before the court hearing. Though he signed the medical certificate, he did not fill out the form saying that France needed a county guardian.

The medical certificate is a probate court form submitted to the court on behalf of the public administrator’s office and used by the court to determine if a resident is disabled and incapacitated. It is used to answer questions on the resident’s diagnosis and prognosis, mental limitations and limitations in daily living, whether the patient needs nursing or other assistance, or help in managing their finances.

Judge David Mouton would not answer questions about the medical certificate.
Rita Hunter said that Bazzano, as a physician, “handles about 75 percent of my clients.”

The certificate said France suffered from dementia, depression and anxiety that was progressive and permanent, that she needed a guardian, and would eventually, need to be placed in a nursing home.

France was hospitalized twice — both times against her will. She spent two days at Freeman Serenity in Joplin in December 2006, four months before she was made a ward of the county. A report by Dr. Jagdish Ragade there found France to be “depressed, but not suffering from dementia.”

The probate court set aside orders that made France a ward of the county. The federal court dismissed the suit filed by France and remanded the one filed by Forste back to Jasper County Circuit Court.

Source:
Doctor signed, but didn't draft, form urging county guardianship

Federal lawsuit dismissed; attorneys at odds on effect

See also:
France is Released

Mother and Daughter File Suit

An Alleged Kidnapping

Rita Hunter is a registered with National Guardianship Association

3 comments:

Anonymous said...

I love the female computer generated spokesman! Maybe all advocates should have a similar message on their answering machine!


By now we know all of us affected by this horror have plenty of company: An indication of the level of evil and horror.

Anonymous said...

Is this a sick game of pass the buck leaving justice in the dust?

This is far more than a civil issue - this is a civil rights issue and consists of criminal activities and this case does belong in federal jurisdiction. The county people and the guardian are engaged in a national fraudulent scheme called Guardianship.

Beware: They have their eyes on YOU!

Anonymous said...

Doctors are a key element in guardianship/conservatorship abuse and this article is proof of it.

They close their eyes and sign anything -- just like judges close their eyes and rubberstamp guardian fees.