Danny Tate wasn't in court in early December to plead for the return of his constitutional rights. He couldn't be — not unless he wanted to be handcuffed and thrown into a lockdown psychiatric ward at Vanderbilt University Medical Center a third time, or shipped to some out-of-state in-patient rehab.That's what he thought his estranged brother, David, seemed to have in mind. If that happened, Tate, a divorcee, could lose all custody of his two young daughters.
So instead of appearing in court as his fate was hashed out by opposing attorneys — both of whom, in a bizarre legal quirk, were clocking hours on his dime — Tate was at the Adventure Science Center with his little girl.
It had been a little more than two years since Tate's brother had petitioned the court for a conservatorship over him. This legal arrangement — in which the court declares someone incapacitated and a ward of the court after being presented with "clear and convincing evidence" — is akin to civil death. The ward loses control of his finances, his property, even his ability to enter into legally binding contracts.
The conservatorship allowed David to seize control of every aspect of his brother's life, from the royalty money he earns from album cuts, to the equipment at the studio where he composes talk show jingles, down to his cell phone, his car and his email account. Legally, Tate became a ghost.
How this hearing actually came about, though, is a mystery. There was no motion to set a hearing, according to court records. No process served to Tate. No police reports demanding urgent action. No one seemed to know anything about it except for Tate's brother and his attorney, Paul Housch.
And yet Judge Kennedy — with no evidence before him but David Tate's say-so, and with no notice or due process given to Tate himself so that he might contest the petition — allowed David to freeze Tate's assets in an ex parte "emergency" hearing, filings indicate. In the rap of a gavel, the ruling effectively removed every citizen's right Tate previously enjoyed.
Full Article and Source:
Court-Ordered Hell- How an Errant Judge and a Controlling Sibling Stripped Nashville Rocker Danny Tate of His Money, His Livelihood and His Legal Rights
11 comments:
This happens all to often in our country and if you think it can't happen to you, you're mistaken. There is much corruption in the guardianship process. Some folks would like you to believe it only happens if a family member does something wrong. That is absolutely not true, There are so called "professional guardians", attorneys and even some judges in our country trolling for victims. Your loved one may be next! Wake Up & Look around.
Another case without due process notice!
How/why do these things called "judges" get away with it?
Where's the "clear and convincing evidence?"
There is so much phrasing in this article that accurately describes guardianship: court-ordered hell, civil death...
Very well written.
I am sorry Danny.
Attorneys always drain the ward's estate with fees. That's not a bizarre legal quirk, unfortunately. It's not right either. The wards usually do't have the right to hire the attorney they want. Instead, the court assigns an attorney - whose true allegiance is usually to the court, not the ward.
Mediation???? The judge should have ordered mediation instead of a guardianship.
No motion to set a hearing for the initial capacity determination?
The case should be thrown out!
I hope Tate has filed a grievance on the judge who rubberstamped this injustice.
Due process? Oh heck, they don't need to worry about a pesky thing like due process. Wards are even stripped of the right to complain.
Not only was my guardianship appointed ex parte .... but the petitioner even got to choose who would serve as guardian.
Of course it was all for my benefit and protection ....
Twenty-three years later I am still laughing ....
See:
http://freedannytate.wordpress.com/
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