Monday, July 12, 2010

A Good Guardianship

Jennifer Nikirk was six months pregnant and on her way home from her teaching job in Bridgeport when the wreck happened.

She remembers none of it, or the months that followed.

But her parents and sister will never forget: The trauma doctors. The three-month coma. The waiting and praying.

On April 25, 2008, Nikirk, then 34, gave birth to her son, Dylan. Less than a week later, the single mother began to emerge from her coma.

Don Nikirk and his wife, Phyllis, had been trying in vain to handle their daughter's personal, medical and financial business since her wreck on Jan. 29, 2008. But because they hadn't been given power of attorney or been appointed her guardian, their hands were tied, even though she suffered a severe brain injury and was incapacitated.

Seeing no other option, Don Nikirk contacted an attorney to work toward being appointed her guardian, a process he quickly discovered was serious and complicated.

"Guardianship is the last resort," said attorney Jeff Arnier, who is the court investigator in Tarrant County Probate Court No. 2. "It is the most restrictive thing. You are going to strip away their civil rights. And you become married to the court."

On May 16, 2008, Probate Judge Pat Ferchill appointed Don Nikirk as his daughter's guardian, giving him full authority over her estate and person.

After the hearing, Ferchill's staff gave Don Nikirk an orientation and handbook on guardianship, outlining what was expected of him. Among other things, he was required to file an annual report, document every penny he spent of his daughter's money and be subjected to court oversight.

"The court clerk handed me this three-ring binder chock-full of information, and I looked at it and thought, 'Good God, what have I gotten into?'" Don Nikirk said. "Then it dawned on me what was going on. I didn't realize it put the person under the protection of the state."

Full Article and Source:
Tarrant County Woman Regains Control of Her Life


Lou said...

Should Don be concerned?? The state doesn't follow through checking records. Do they??

Thelma said...

Wonderful story!

StandUp said...

It is heartwarming to see a success story!

Finny said...

I'm glad to see this story and at the same time, it makes me sad because I know too many people who have seen the other side of guardianship... the dark and evil side.

Watching said...

I couldn't help but notice the judge on this case is the same judge victim after victim complained about to the TX Jurisprudence Committee.

Could this story be also be an attempt to get judge Ferchill some good publicity?

Anonymous said...

Right on Mr/Ms Watching. It is a counterattack against the victims of ferchills court who are trying to fix a broken oligarchic process of Gestapo justice. A really nice human interest story...certainly not investigative reporting.