Friday, September 10, 2010

Ginger's Story

This is the story of my friend Ginger who is now under a guardianship because of a traumatic brain injury from which she has completely healed. We have tried so hard to get her guardianship terminated, but have been unsuccessful so far, but may be very close.

I read Tennessee codes regarding guardianships and conservatorships, and was also advised by a judge in another county to send a letter to the probate judge in Davidson County asking for the guardianship to be terminated. I did that and it was promptly ignored. I also sent a copy to Ginger's guardian and got no response. I expected that at the very least she would be courteous and call to discuss it, either with me, or Ginger, or both....I was wrong.

In May of this year, I decided I'd take Ginger to see her guardian. I thought, how could she not see with her own eyes, talk to Ginger, and decide, WOW! She's really healed, and appears to have no memory loss.

I thought the guardian would say...."How wonderful...let's terminate this thing!"

BUT, Ginger was told that "maybe you're acting, I don't know for sure".....and "the judge will only accept a report from a neuro-psychiatrist"....AND, the guardian wanted to send Ginger to a weight loss clinic!!!

This summer I was helped with another letter to the judge and guardian. All the t's were supposed to be crossed and all the i's dotted!!! We sent it, waited for a response.....and NONE came. Found out this court doesn't recognize anything other than petitions. But, couldn't the guardian have at least given a response??

Full Article and Source:
My Friend Ginger's Story

10 comments:

Holly said...

hummn... must be your friend Ginger has assets, a cash savings, or money on the way perhaps in the form of a law suit.
Unethical guardians, lawyers, judges and others do not give up a ward/prisoner easily. To them it's like burning the money tree in their back yard!

Anonymous said...

How does a ward terminate a conservatorship in the state of TN?

Can a ward retain an attorney to file a Petition to terminate?

How does a ward have the financial means to retain a lawyer knowing that the Conservator controls the wards finances?

Will a lawyer work for FREE?

If, so, please come forward and/or contact NASGA for more information.

jerri said...

hey anon right on good idea to put out there lets see if any lawyers are willing to work for ginger for free any bets on how many will come forward? i will be surprised if 1 answers the call to duty now i am thinking what are the statistics of other wards in tn escaping their conservator or guardian while they are still this side of heaven any numbers on that?

StandUp said...

What a lovely friendship.

If only we all had a treasure like Mary Ann as a buddy!

Brian said...

Right, they hold on like leeches, sometimes forever.

Barbara said...

Very nice blog. I will read it all in its entirety.

Mary said...

I will pray for Ginger's full release and her happiness for always!

Mike said...

Guardianship is so dangerous because it strips a vulnerable person of all civil rights and liberties leaving him/her exposed to be exploited.

And that's exactly what they did to Ginger. I am so sorry.

Anonymous said...

To answer Anon:
1. A petition has to be filed by a lawyer with a doctors statement and williness to testify that the ward can care for themself.
2. You can retain an attorney if someone will pay for it for you.
3.A ward doesn't have any financial means unless someone will help...family, friends. etc.
4. Lawyers will not work for free on these cases as they would on an accident/etc., due to no way to get paid in the end, UNLESS the conserved person has considerable assets that haven't been eaten up yet.
5. NASGA can help you with issues.

Anonymous said...

Pretty obvious what's going on here...
WHERE do the Statues say, "the judge will only accept a report from a neuro-psychiatrist"....? What the Judges go by is what the guardian tell them because they are to act in the best interest of the ward. So either the guardian is lying or the Judge is also involved. Either way it spells "Public Corruption"