Attorneys for former Jasper County Public Administrator Rita Hunter, John Podleski and Steven Bazzano contended that the court should dismiss damage suits against their clients by a former county ward and her daughter.
Circuit Judge Craig Carter said he will rule as quickly as possible on the motions, and on a conflict concerning the location for pretrial depositions of France and Forste.
Background:
France and her 68-year-old daughter are suing Hunter, the former public administrator, claiming that she and Podleski, attorney for the office, violated the law and France’s rights when she was made a ward of the county in 2007 without notification to members of her family, and based on a medical certificate that Bazzano signed but did not fill out.
France says that after she was made a ward of the county, she was hospitalized against her will. When her daughter came to visit her and then took her to visit relatives, France said she did not want to return to Jasper County, so Forste and her husband took France home with them to California. Kidnapping charges were filed, based on reports from the public administrator’s office, and Forste was arrested and jailed for nearly three weeks.
Last August, Probate Judge David Mouton voided orders making France a county ward, agreeing with Myers that family members are required to be notified, and that France’s request to be at the 2007 hearing should have been honored. Then, kidnapping charges against Forste and her husband, Steve, were deferred, then dismissed.
Matthew Miller, on Hunter’s behalf, argued that the public administrator acted at the request of the Missouri Department of Health and Senior Services after France had become a victim to some lottery scams. He said the court found that France was unable to care for herself, and he argued that Hunter was acting under that order.
Full Article and Source:
Lawyers for ex-public administrator, others seek dismissal of lawsuits
See also:
Hunter Removed Client Files
Attorney Fees Challenged
Circuit Judge Craig Carter said he will rule as quickly as possible on the motions, and on a conflict concerning the location for pretrial depositions of France and Forste.
Background:
France and her 68-year-old daughter are suing Hunter, the former public administrator, claiming that she and Podleski, attorney for the office, violated the law and France’s rights when she was made a ward of the county in 2007 without notification to members of her family, and based on a medical certificate that Bazzano signed but did not fill out.
France says that after she was made a ward of the county, she was hospitalized against her will. When her daughter came to visit her and then took her to visit relatives, France said she did not want to return to Jasper County, so Forste and her husband took France home with them to California. Kidnapping charges were filed, based on reports from the public administrator’s office, and Forste was arrested and jailed for nearly three weeks.
Last August, Probate Judge David Mouton voided orders making France a county ward, agreeing with Myers that family members are required to be notified, and that France’s request to be at the 2007 hearing should have been honored. Then, kidnapping charges against Forste and her husband, Steve, were deferred, then dismissed.
Matthew Miller, on Hunter’s behalf, argued that the public administrator acted at the request of the Missouri Department of Health and Senior Services after France had become a victim to some lottery scams. He said the court found that France was unable to care for herself, and he argued that Hunter was acting under that order.
Full Article and Source:
Lawyers for ex-public administrator, others seek dismissal of lawsuits
See also:
Hunter Removed Client Files
Attorney Fees Challenged
4 comments:
Well this isn't good. We know dismissing the lawsuit would be wrong, but the Barfia can't let a damage suit be successful against a guardian as it would set a precident.
And they don't want that!
Sadly, the lawyers will probably get their way.
This is absolutely the worst idea but nothing surprises me. Wrongs need to be made right and it takes a lawsuit to proceed in the court process with discovery, depositions and the truth will come out.
Let's hope the lawyers don't get their way this time.
A victory in this case is a victory for all guardianship victims.
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