During a four-hour hearing last month in Austin, a few Texas senators listened to more than 20 people talk about problems in the state's guardianship system.
Some speakers complained that it is too political, with probate judges favoring certain attorneys for appointments on cases.
Others were angered that the probate code allows for ex parte hearings that, in emergency circumstances, enable judges to remove guardians without notice.
And several speakers accused state and local agencies of not seeking less restrictive alternatives, as required by law, before recommending guardianship.
The Senate Jurisprudence Committee is studying the effectiveness of the guardianship program implemented by the Department of Aging and Disability Services and Adult Protective Services and whether clients and their assets are being adequately protected.
The speakers included parents, former guardians, judges, advocates, court personnel and state officials -- all of whom had differing opinions and separate agendas.
And while criticism of APS and DADS dominated much of the hearing, many speakers voiced their concerns about various probate courts, including in Denton and Tarrant counties.
At least three Tarrant County families complained that Probate Judge Pat Ferchill removed them as their loved ones' guardians in ex parte hearings after receiving information that they were causing problems, were not cooperating or were not providing appropriate care.
"This should never happen -- family members and friends are removed, and no one is ever notified?" said Sharon Richardson, whose guardianship over her mother was stripped. "These ex parte hearings need to stop."
Full Article and Source:
Texas Senators Hear Complaints About Guardianship System
See Also:
Notes From Texas Public Hearing: State Senate Committee on Jurispudence
13 comments:
There is a racket going on, no doubt about it!
Ex-parte emergency hearings permit even more rampant plunder than a hearing for permanent appointment.
Texas is becoming known as the ex-parte State - a nickname I'm sure it wouldn't want.
Congratulations to the members of GRADE for paving the way to reform in the state of Texas!
Judge Pat Ferchill's cases should all be opened for investigation. If he did what he did to the people who tesified at the hearing, then he did it to countless others who didn't testify.
And now we wait for action!
There is NO reason for ex-parte hearings. If the participants of an ex-parte hearing can make it to court on an emergency basis, then the other side can too.
I am glad to see victims getting the attention of their local government in these horrific cases of abuse.
I remember reading stories posted to this blog about case after case in Texas and am glad to see someone finally listening!
Thank you to all that choose to speak out. Standing as one makes our voice louder and louder across the country.
the only reason for ex-parte hearings is to be sneaky get what they want in secret 'meeting' lets call it what it is ex-parte meeting this is not a hearing and betcha no transcripts are available either this is big business the new money maker guardianship it's all about the $$$ or no one would be homeless on the streets ey?
Its time for Judge Pat Ferchill of Tarrant County Probate Court 2 to take a look in the Mirror, this could happen to him some day.
Texas Probate Judge Pat Ferchill and Judge Steve King need to go.
Post a Comment