In a striking miscarriage of justice, Daniel Gross, an 86 year old New York man, hospitalized with cellulitis while visiting his daughter in Waterbury, was appointed a conservator by the probate court, without his permission, or even his presence in the courtroom. Mr. Gross was locked in a nursing home for ten months by this court-appointed conservator while his family bickered over who should have control over his assets.This case is important for all persons with disabilities, especially psychiatric disabilities, because the duty owed by the attorney to the person represented, including those being subjected to a competency hearing, is the same as it would be to any other client. It appears not all officers of the court are quite on board with this concept yet.
Under Connecticut practice, lawyers should abide by their clients’ decisions concerning the objectives of representation, yet right now lawyers, court-appointed conservators, and even nursing homes have immunity from this practice. The purpose of this lawsuit is to hold the people with such great power and authority over other people’s lives accountable for their actions and put an end to that immunity. Court appointed conservators and/or attorneys will have to represent their clients with disabilities with the same amount of enthusiasm and responsibility as their clients without disabilities.
The conservatorship was eventually overturned and Mr. Gross went home to live in New York, but the slipshod, under-regulated probate court system is still exactly as it was when Mr. Gross was unwillingly dragged into it. This must not continue.
Source:
Rock the Boat
See Also:
Read Gross v. Rell, No. 08-2626
The Gross case is one of many miscarriages of justice in the practice of guardianship and conservatorship.
ReplyDeleteIt is good to know that MHAC has joined as amicus in the appeal.
This type of miscarriage is happening all over the county!
ReplyDeleteMy mother, Rita Denmark is currently in a similiar situtation as Mr. Gross was.
Mother is being held criminally confined by a professional thief/guardian, Jetta Getty in "Port Orange FL". Getty also founded and runs a company called "Young at Heart Elderly Services" in Port Orange, Florida.
Rita Denmark is a resident and domicile of Pennsylvania. She was taken to visit in Florida and fell prey to this corrupt system & Jetta Getty.
I continue to battle this legal nightmare while FL attorneys and "Jetta Getty" a professional guardian/thief line their pockets with my mothers estate all the while Getty denys mother a descent quality of life!
I have great respect for Mr. Gross' daughter Dee, who continues to pursue justice for her father.
Wake up America, you or your loved one could be next!
I have my hopes up that the Dan Gross case will set a precedent and justice will indeed be served.
ReplyDeleteHats of to MHAC!
ReplyDeleteIs MHAC's brief public? I'd like to read it.
ReplyDeleteThis is great news.