Thursday, August 28, 2008

Probate Judge Cannot Hear Case

Questions concerning money that the Jasper County public administrator spent out of the estate of Emma France can’t be decided by Probate Judge David Mouton because he already has issued a ruling that reversed orders making France a ward of the county.

France and her attorney, R. Lynn Myers, appeared in probate court to argue that Rita Hunter, the public administrator, had no right to spend any money from France’s estate because actions that made her a county ward were unlawful.

In a brief hearing, Mouton noted that he had set aside orders making France a ward of Hunter’s office because, among other issues, France’s daughter or other relatives were not named in the court petition or notified before the hearing in May 2007.

Since Mouton ruled in France’s favor setting aside the guardianship, there is no longer an estate on which he can hear arguments.

Mouton said,“Letters (of guardianship) should not have been issued, based on facts that were not provided at the prior hearing.”

Mouton had dismissed the action, observing that the court can appoint a guardian only “in accordance with the procedures set forth in the statutes, and if there has not been compliance with the statutes, the entire proceeding is void.”

Full Article and Source:
Money questions remain for former county ward

See also:

4 comments:

LoriView said...

Judicial Corruption is the source of the problem with these bad guardianships.

Anonymous said...

Rita Hunter is a member of the National Guardianship Association?

It figures.

Anonymous said...

Just more fees the France family has to pay in their pursuit of justice. And another delay.

Anonymous said...

We must hope that Emma France gets some measure of justice and that Rita Hunter gets a measure of accountability for what she did to this innocent woman and her family.