Thursday, August 20, 2009

Hostage To The System

A few years back a local man by the name of Tom Davis shattered his knee and was admitted into a nursing home.

Life had grown dark and depressing for Davis until he met a beautiful, inspiring fellow patient who had a brief stay at the home while recovering from a stroke.

The woman, who wishes to remain anonymous, developed a lasting friendship with Davis and enjoyed the company of an intelligent man with whom she could comfortably converse. Davis and his companion shared similar backgrounds, both having roots in rural surroundings. They became inseparable friends and soon fell in love.

On June 25, the couple married.

However, the honeymoon never truly began for the happy newlyweds because Davis' financial life is chained to the legal system.

The couple talked of traveling together and possibly relocating, but Davis was informed that he could not leave the state. In fact he could not drive, vote, or even open up a bank account.

said Davis, shaking his head in dismay: "I'm a hostage to the system. I even tried opening up my own bank account, but they shut it down," he said, referring to his legal guardian.

Davis became a ward of the Gila County Public Fiduciary Office.

Anyone who knows Davis can see that he is not incapacitated. State statute allows the ward or any person interested in his welfare to petition for a new court appointed attorney to reevaluate their situation.

Last August, Mrs. Davis did just that. Her petition was recognized and her husband did have his day in court, but to no avail. At the hearing his fiduciary spoke for him, but it was not the representation Davis was hoping for. He was not allowed to speak for himself at the hearing and make his case to the judge that he was a capable man of sound mind.

Mrs. Davis stated that the judge rubber-stamped him as an "adult protected person" upon his fiduciary's recommendation, and he was denied impartial representation by a court appointed attorney.

Full Article and Source:
Nursing home romance stifled by system

Tiffany Poarch of Gila County Public Fiduciary is registered with the National Guardianship Association


StopGuardianshipAbuse said...

A shattered knee qualified the guy to be "guardianized"? He needed to be "guarded," "protected," and his assets "conserved" due to a shattered knee?

Maybe the guy was somewhat depressed due to the injury, but the protective statutes are clearly being abused for pure self-enrichment!

How much has been taken to date by the fiduciaries?

The system is very, very sick!

Were due process requirements followed?

I sure would like to see the medical "testimony"??? which did this to Davis.

Maybe, thanks to the shanghaiing "pirates," he's now qualified for Legal Aid to get him out of his prison?

Without knowing more, this appears to be one of most facially abusive guardianships I've seen - and I've seen a lot.

Anonymous said...

"His fiduciary spoke for him" --- well, well, wasn't that convenient?

Anonymous said...

Tiffany Pourch is a registered guardian with the NGA?

Are you listening NGA?

Well, we are. We're waiting for you to come out against bad guardians. And all we hear is silence.

Anonymous said...

More specifically, a hostage to the guardian.

Every day, I am becoming more and more convinced that there are people in this world who are barely human. Perhaps they have human form, but no heart - no soul.

Anonymous said...

You said it all, StopGuardianshipAbuse!

Anonymous said...

Good point, Anon 2, where is the NGA? Are they standing up and denouncing this guardian?

Or are they accepting her yearly dues?

Anonymous said...

I hope the Tom Davis family finds NASGA.

Anonymous said...

This story should scare the socks off of anybody who thinks it couldn't happen to them.

He shattered his knee and now look at what's happened to him.

Anonymous said...

The NGA is too busy buying bigger brushes to brush off complaints with for them to do what they profess they do.

All they care about is the same thing professional guardians in general care about: profit.

Anonymous said...

This is a tragedy and I am appalled.

Anonymous said...

Hang in there, Tom Davis, you are not alone.

Anonymous said...

The guardian and attorneys on this case are like hookworms - they won't let go until they're forced out.

They'll only leave on their own after they've eaten up the estate completely.

Anonymous said...

Who more than an incapacitated person should have counsel?