A Hendersonville woman who fought for more than two years to get her freedom from a guardianship has filed a complaint against the judge who handled her case.
Ginger Franklin's life started falling apart after she fell down the stairs in her condo in July 2008.
The fall gave her a temporary brain injury. Judge Randy Kennedy appointed a conservator to handle her affairs until she got better.
She was surprised to discover later that the conservator had moved quickly to liquidate what she owned.
"Six weeks after I fell, my house was up for sale," Franklin said.
Franklin fought for two years to get out from under the conservatorship, saying she'd recovered. In that time the conservator had liquidated nearly everything Franklin had: her savings, her car, her house and furniture.
"My credit is ruined from where they filed bankruptcy. I'm having to start all over from scratch. Because I fell down the stairs," Franklin said.
Franklin has filed a complaint with the Tennessee Court of the Judiciary, claiming Judge Kennedy mishandled her case.
As an example, she said Kennedy refused to dissolve the conservatorship even though her neurosurgeon had said a year earlier she was fine and could return to work.
"These people are used to doing whatever they want and not being questioned," Franklin said.
But now, the Tennessee Court of the Judiciary is investigating. If they find the judge has done something wrong, he could be reprimanded.
Judge Kennedy responded to the panel with a five-page letter. He called Franklin's complaints "totally baseless."
The judge wrote that while one doctor said she was fine, two other doctors said previously that she needed a conservatorship. The judge asked the panel to dismiss her claim. He declined to speak to Channel 4.
Source:
Woman Files Complaint Against Judge
9 comments:
I am confident your complaint will start turning the tide for other victims of Kennedy's court. Thank you Ginger!
go ginger!
Image how many other people were not as strong or as 'competent' to stand up to the Court as you have. Interesting, if you are able to fight for your rights, i imagine, you are able to make all decisions concerning your person and finances. Prayers are with you in this fights.
Perhaps we should all 'sue' the judges for mishandling our cases individually and collectively. Maybe what Ginger started will help all of us.
This a a copy of the posting I made direct to the news article.
This story is less one-sided than Christina would have you believe.
The probate court system and the conservator appointed by the court failed Ginger in its responsibility to protect her assets when appointing a conservator.
I encourage you to take a moment and visit a web site like stopguardianabuse.org , or just search the web for the topic of guardianship and conservator abuse. The results will be shocking and disheartening.
There are certainly attorneys and judges that do everything in their power to protect those who are vulnerable and in need of protection of the person and property.
This story is anything but tabloid journalism.
The court had a duty to restore Ginger to all of her rights as soon as she was well, and to have protected her assets in the meantime.
They did not.
Run Kennedy off the bench!
Ginger, it's a testiment to your strength that you survived the guardianship. Kennedy should be removed from the bench for what he did to you. It was his ultimate duty to protect you. Has he even filed charges against the conservator? I bet not.
I am hoping your cases opens the floodgates for all probate victims.
it was business as usual in this case conservator assuming ms franklin would be a ward of the state til her last breath ms franklin did the unthinkable she actually recovered ~~ now what does the conservator do? nothing continue to disregard dismiss ms franklin's pleading with the court to set her free i hope and pray ms franklin is successful taking this gang of court thugs down and out also one would hope the authorities would have a light bulb moment and ask themselves what elese is going on in the conservator's case files!
I am so proud of you, Ginger. This victory for you will be a victory for all the other victims of Judge Kennedy, past and future.
Thank you for so eloquently stating the nightmare so many suffer at the hands of uncaring probate judges like Kennedy.
And thank you, NASGA, for following this story.
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