Peggy Greer's story helped bolster the rights of people living under court-appointed guardians in Minnesota, but her legal effort to regain her lost money has foundered.In February, the Star Tribune reported how a professional guardian and conservator appointed by a judge had spent $672,808 of Greer's money over the objections of family members that the spending was excessive and unjustified. Greer won back the power to make decisions for herself in July 2007, but by then her assets were exhausted and the guardian and conservator no longer opposed their dismissal.
The story got the attention of the Minnesota Legislature, which passed a law that created a bill of rights for wards and protected persons, improved their ability to challenge decisions made on their behalf, and required guardians and conservators to register with the state courts starting in 2013. Greer also got the help of two attorneys who filed a lawsuit in Hennepin County District Court alleging that her former guardian and conservator failed to protect her assets or act in her best interest.
In November, Judge Marilyn Kaman threw out the heart of the lawsuit, accepting the arguments of Professional Fiduciary Inc. (PFI) and Wells Fargo that Greer should have filed her objections during her now-settled guardianship and conservatorship, which ended in 2007. The ruling also dismissed all claims against PFI attorney Ruth Ostrom. One claim remains alive, that the guardian improperly released private information about Greer before and after the Star Tribune article, and the earliest possible trial date would be the fall of 2010.
Full Article and Source:
Whistleblower Update, Part 2
See Also:
Greer Files Suit
14 comments:
"Judge Marilyn Kaman threw out the heart of the lawsuit, accepting the arguments of Professional Fiduciary Inc. (PFI) and Wells Fargo that Greer should have filed her objections DURING her now-settled guardianship and conservatorship, which ended in 2007. The ruling also dismissed all claims against PFI attorney Ruth Ostrom."
Judge: Should have filed her objections DURING guardianship????
What?
Can someone please explain to me: how Peggy Greer, a ward (at the time) would have been able to file objections DURING her guardianship?
For example: A ward loses all their rights; a ward cannot enter into a contract, a ward does not have access to their own money, often times the ward is over medicated forced to take psychotropic drugs, the sources of communication with the outside world, with others, including telephone calls, visits are: CUT OFF by THE GUARDIAN.
How does a ward begin to retain a lawyer to file objections or is Judge Kaman suggesting that Ms. Greer should have gone pro se?
Was Ms. Greer, at the time a ward, allowed to represent herself in court, pro se?
"Judge Marilyn Kaman threw out the heart of the lawsuit, accepting the arguments of Professional Fiduciary Inc. (PFI) and Wells Fargo that Greer should have filed her objections DURING her now-settled guardianship and conservatorship, which ended in 2007. The ruling also dismissed all claims against PFI attorney Ruth Ostrom."
And lawyers and judges crook their heads in that perplexed motion and can't understand why the "justice" system is a joke!
You're right, helensniece, this is obviously dirty pool.
I'm still shaking my head and trying to recover from the irony of the idea that Peggy Greer could have filed a complaint while she was a ward of the state.
Perhaps Judge Marilyn Kaman should be investigated.
And - helensniece, how could Mrs. Greer pay for a lawyer when she didn't have access to her funds?
Look at Peggy Greer's pretty face...she's not going to give up despite this intentional and unjust setback.
I hope she's busy right now filing a grievance against Kaman.
Sounds to me like Peggy Greer is more competent than the judge!
This boils my blood and is an example of what the law has become.
Instead of the law being about what's right and what's wrong, it's all about procedure. And they'll take some lame (and in this case impossible) feat and use it to subvert justice.
Peggy Greer's money was stolen by an unlawful and abusive guardianship. She should be repaid every cent taken from her, with interest.
Well there's another slap in the face to all the elderly victims of guardianship ABUSE.
The Brethern protect themselves, once again.
all of this bs is by design folks ms peggy greer did not have any money to retain a lawyer how many lawyers will work for free and how could she be able to find a lawyer walk out of the nusing institution and hop a bus? some free people might but find them this judge kaman knows or should know ms greer was a non-person with no money she is an impoverished product of the probate system and then the judge turns on those who represent her now by destroying her lawsuit? is there a way to get this bs decision appealed? i hope so and i pray her lawyers are steaming over this insanity and take immediate action
IMO --- this is a classic and very typical ruling. But, two problems;
all the while Peggy was a ward ... the state and the judge owed peggy a legal duty to protect her. This is a substantive due process claim grounded in equal protection. In other words --- the Court should have appointed Peggy a completely "independent attorney" to protect peggy from her guardian.
second --- this ruling is a violation of Ttitle II of the ADA --- peggy was excluded from participating in the process and was denied her fair, equal and meaningful access to the courts.
and there is no immunity for state actors who violate Title II .... no judge had jurisdiction to discriminate from the bench. Discrinimation is not a judicial function.
//just think out loud
Don't conservators have to provide a yearly list of itemized expenses to the state? Wouldn't that have been evidence of the theft? The system is so crooked.
Ms. Greer should turn Judge Marilyn Kaman to FBI!
Ostrom should have returned all of her legal fees. What a loser.
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