The state Supreme Court stood up Friday for a simple right that matters deeply for all, but especially to the old, sick and disabled.The job of a lawyer appointed by probate court is to fight for the client, whether he is healthy or a stubborn 86-year-old man.
In a unanimous ruling in the long-running civil rights case of Daniel Gross, the justices ruled that court-appointed lawyers do not have immunity from lawsuits if they abuse their clients. The court also ruled, in a divided opinion, that conservators appointed by probate have limited immunity. The justices also ruled that a nursing home does not have immunity from lawsuits in probate cases.
The ruling has far-reaching implications for our troubled probate court system. It means that a court-appointed lawyer, and to a lesser extent the conservator — who is appointed by probate when a person can no longer live independently — cannot ignore the wishes of a client. The message to probate court is clear: Lawyers and conservators must be held accountable.
For probate courts, this has huge implications because many of the unsettling and outrageous cases I have been writing about for the past six years stem from abuse by conservators and court-appointed lawyers and judges who don't pay enough attention.
Although Gross died in 2007, his civil rights case lived on. The lasting lesson is that the old or disabled — even if they are unwell and cranky — have the same rights as the rest of us.
"It means that if you get a court-appointed lawyer, that lawyer cannot have any doubt that the lawyer's job is to listen to you,'' said Sally Zanger, the Connecticut Legal Rights Project lawyer who represented Carolyn Dee King, Gross' daughter. "It's what the lawyer is supposed to be doing."
Amazingly, that's been the problem in the probate cases I've been telling you about since 2006. Gross' was the first and most heartbreaking case I stumbled upon, when a Legal Aid lawyer told me an unbelievable tale of an old man from Long Island being held against his will in a Waterbury nursing home.
Elderly but still independent, Gross became ill while visiting his daughter in Waterbury. He was hospitalized, and while his children fought over his care and who should control his finances, Waterbury Probate Judge Thomas Brunnock approved his involuntary conservatorship.
Gross wanted to go home to Long Island. He wasn't told of the hearing where he was ordered conserved. His court-appointed lawyer, Jonathan Newman, failed to object to the conservatorship, even though Gross just wanted to leave Connecticut. His conservator, Kathleen Donovan, had him placed in a locked, restricted ward at Grove Manor Nursing Home in Waterbury. His roommate was violent.
Later, when Gross was on a day visit to his Long Island home, he was hospitalized. Donovan brought him back to Connecticut in an ambulance against the wishes of Gross' New York doctor.
In June 2006, Superior Court Judge Joseph Gormley, at a dramatic writ of habeas corpus hearing, ordered Gross freed, declaring that "a terrible miscarriage of justice" had taken place and that the man had been "deprived of his liberty."
King, Gross' daughter, filed a federal civil rights lawsuit against Brunnock, Donovan, Newman and the nursing home. Brunnock, as a judge, could not be sued, but the U.S. 2nd Circuit Court of Appeals sent the question of immunity for the others back to the state Supreme Court for a ruling. King's lawsuit against Donovan, Newman and the nursing will now go back to federal court.
Newman's lawyer — who argued to the Supreme Court that his client's role was like that of a lawyer for a child — did not respond to my call. A lawyer for Donovan, Richard A. Roberts, said the ruling might mean that conservators and court-appointed lawyers will be forced to go to a judge for every decision they make.
But Fairfield Probate Judge Daniel Caruso, president of the association of probate judges, said that his colleagues will welcome the ruling.
"When the Supreme Court articulates and provides brighter lines as to what is and is not within the bounds of immunity, it helps everyone," he said.
Public-interest lawyers hailed the decision because it provides new accountability to a court system that critics say still lacks oversight.
"Our legal system has safeguards. Even when you are appointed by the court you are accountable for what you do,'' Tom Behrendt of the Connecticut Legal Rights Project told me.
When I reached King, she reminded me of her father's humiliation before a court that was supposed to protect him.
"He was robbed of his humanity at the end of his life," King said. "He was used as a pawn. They just ignored him."
We can't change that, but the elderly man's lasting legacy is a powerful one. If you are old or disabled, probate court is a less-frightening place thanks to Daniel Gross.
Source: (Note: this article is shown in its entirety with special thanks to reporter, Rick Green of the Hartford Courant)
State Supreme Court Holds Lawyers, Conservators Accountable In Probate Cases
41 comments:
Hooray! I bet Dan Gross is smiling from above!
A good end to a bad thing!
Absolutely nobody says it better than Rick Green.
This is a victory for those who suffer from guardianship abuse nationwide. Something good has come of the suffering Gross endured at the hands of the system.
Can't beat that!
Thank you CT Supreme Court! This ruling gives me hope again.
Thank you to Daniel Gross's family and legal team taking on this fight.
So many will be thank your family for your victory when they search for case law to support their cases.
I am sorry your dad had to endure the abuse of a very corrupt system.
The late Daniel Gross has much to celebrate.
His daughter Dee King is his voice and the voice of many who have been who are silenced.
Thank you Dee, thank you and deep appreciation to all who helped and supported you during the most difficult times.
Magnificent accomplishment in this decision that will have significant impact in CT and nationwide on a failed, broken, out of control system.
God Bless You!
This absolutely great news. I see a tidal wave forming toward reform!
Thank you Dee King for staying the course. And thank you, Rick Green, for reporting it all along.
The CT Supreme Court decision sets the benchmark for future CT legislation and sends a loud call to the other 49 states: You can do this, too. Together, we can propose and fund legislation empowering law enforcement with the right to prosecute abusive court officers, relieving the victims' families of the present burden.
LOVE IT~!
'The job of a lawyer appointed by probate court is to fight for the client, whether he is healthy or a stubborn 86-year-old man.'
WOOHOO Isn't this represhing? Listen up team probate .... Gotta love those CT Supreme's! Big step forward after decades of sliding in the muck. Time to celebrate dancing in the streets.
Hey Dee, job well done :-). Your dad is sooooo proud of you, for staying the course and so much more.
Gotta love that newspaper and the reporter Rick Green without his bright light and powerful source of exposure educating his readers...job well done Mr. Green!
Congratulations Dee! A powerful strong decision by the CT Supreme Court that will have far reaching implications all for the right reasons.
Thank you to ALL who assisted and supported Dee in her long battle against a system that went bad,turned into a racket, a system that went really bad harming the wards and their families with no recourse, no opportunity to pursue justice for the wrongdoing.
This big upset to those engaged in business as usual, those who are hiding behind thick wall of immunities in the protection industry puts the players on notice that there will be accountability in CT.
State by state, county by county, justice will be served, the victim's will be heard.
You did it Dee!
Sad that Daniel did not get justice until he was gone. It's been along time coming.
You have to wonder, how much and how long did it take him and his family to get this far ? So Sad
This is very common, my mother Gertrude Gettinger had her rights taken away via PERJURY by lawyer Christopher Edward Overgaard of Glendale CA who perjured his petition forcing Gertrude into a conservatorship. When this information was made public he fled like a rat. Then the conservator Sylvia Schmidt of San Marino CA hired Philip Barbaro Jr. one of the highest paid lawyers in Pasadena CA at over $100 more per hour to hide the crimes, abuse and perjury from the court. Its all about MONEY, the one with more money has more legal power even if they are unethical, immoral and dis-honest. Lawyers have become whores to profit and greed and JUSTICE comes second to cash. Best wishes to Daniel Gross for your victory we must all fight to expose what is going on in our courts.
This is a victory that will help so many. Congratulations to the Gross family!
For those looking to cite this case, I just checked and it has not been reported in Lexis yet, but the case name is Daniel Gross et al v. Jodi Rell,et al, Connecticut Supreme Court case number SC 18548 and the opinion can be found at
http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR304/304CR42.pdf
It appears this is the slip brief and there are no headnotes reported yet.
This case will be very helpful siuce we have identical claims in our pendin g lawsuit, Golin v. Allenby.
It may be an out-of-state ruling that is not controlling here in California, but it can be cited for persuasive authority if no other California cases can be found.
What's going to be important legally are the headnotes and legal findings reported by the court. The case will not be released until April 4 so I will be watching Lexis and Westlaw to see what it means.
When reporting events like this, it would be helpful to everyone to remember to cite the reported case citation.
For those of you who have heard NASGA's mantra, "Isolate, Medicate, Take the Estate", that phrase was first coined by NASGA member Dee King.
Wow!
KUDOS to the family and others who fought for this precedent-setting decision. Your hard work is appreciated.
I would like to plead with the lawmakers and Supreme Court in the State of IL to look closely at this case and its implications.
Cook County (Chicago) is exploiting the elderly and disabled of all ages; there is collusion amongst lawyers, guardians, nursing home owners, and judges, to take over the estates of the wards. OBRA Special Needs Pooled trusts are one vehicle for this exploitation.
Wards are placed into Medicaid facilities, and the estates are depleted with legal and guardian fees. All with the approval of the probate judges.
The attorneys and GALs on these cases are representing each other's wishes to get rich off the wards.
Thank you, Supreme Court of CT, for this decision. Now we need similar action in IL.
I did some reading, research on this case going back how many years? I agree it's heartbreaking that Daniel Gross didn't survive to hear about this very important decision. Much credit to his daughter Dee who sacrificed greatly to pursue justice on for the love of and on behalf of her father.
No doubt about it, Dee took on a very powerful, well connected, wealthy, nasty and entrenched group of people who are not accustomed to losing and not getting their way.
Mr. Gross reminds me of my own father, who would be fighting furiously if this happened to him. I have to wonder about the damages to Daniel Gross' health and well-being during this period of incarceration, false imprisonment by total strangers while the vultures were using his assets to oppose his loved ones who were fighting for his freedom. And, the fight continued after Daniel Gross was set free.
Sick and twisted broken system and oh so wrong. Most cannot continue due to the hardships and the financial burden.
Attorneys whose lust for money & power is combined with an intensity of intolerance toward wards and their families are running roughshod over our countries courts.
Finally a court recognizes a portion of the abuses of justice that are spreading unchecked. Hoping that Cook County IL will be scrutinized next!!
A very similar situation is taking place with my mother in Florida. Except the Judge has appointed a guardian, a guardian attorney, a GAL attorney for my mother and then another attorney all being paid by my mother's estate while they have her locked up in an ALF far away from her home, church, family and friends. It seems to start with bad Judges and the probate system. This is a victory for the corruption going on. Thank you to the Gross family, I know it came at a great cost.
Just a tip of the iceberg of corruption that underlies the surface of the guardianship and probate system.
Read it and weep, predators!
What an outstanding victory!! Everybody in probate court SHOULD be accountable. Whomever passed the laws or rules stating they shouldnt needs a good smack upside the head. Its like giving the attorneys and conservators free reign to do whatever they want.
Dee, I am so happy for you. You are truly an inspiration to us all! Congratulations on your victory.
I know of a few cases where the GAL did his job, well sort of where it looks good on the record but somewhat better than most GAL's who are part of the problem, part of the probate club.
It's in the best interest of the GAL to act as if he/she is unbiased working their _____ off for the AIP a/k/a alleged incapacitated person but the truth of the matter is it's in the financial best interest of the GAL (billing) to go along with petitioners (parade of mega billing) working in concert towards having the AIP declared a 'ward of the state' ensuring all will be paid again and again withh opportunity for more profit off the radar ie under the table.
There are some lawyers who encourage dispute amongst family members ~~ why? Happy Happy Billing time for court contests.
If there is a hint of opposition to a family member being appointed a guardian, that allows the court, the judge, to appoint a 3rd party from his fave list of guardians with no chance at reversing that appointment while families are retaining their own lawyers = lawyers afternoon delight.
In most cases executing Durable Power Of Attorney for Health Care and Property is your best defense against a guardianship takeover.
Nothing is 100% safe and secure and many times courts will disallow reverse PoA's with no recourse for the agent of the PoA that ends successfully.
BEWARE BEWARE BEWARE BEWARE
The financial costs are:
A S T R O N O M I C A L
I will never forget that the judge who freed Dan Gross lined all the players up in front of him and told them to hang their heads in shame.
I hope the players in the Gary Harvey case receive the same fate.
I am sure they will one day when they stand before their Maker, but I hope it happens sooner.
Speaking of "picking a fave" I had a federal court clerk pick a judge's name out of a box, throw it back and pick another.
Right in front of me!
I certainly pray that our court system in Illinois will show the same prudence as the CT courts. Ken in Highland Park, IL
Can we make a plaque out of these immortal words written by Rick Green: The job of a lawyer appointed by probate court is to fight for the client, whether he is healthy or a stubborn 86-year-old man.
Chris said...
I will never forget that the judge who freed Dan Gross lined all the players up in front of him and told them to hang their heads in shame.
Applause to the judge. One would think shame would be a normal human reaction but with a tough crowd like these snakes in suits the shame was for the moment. The courtroom is their theater.
The only way to send a message to the wrongdoers for the wrongdoing, in this case it was intentional, is to hit them in their wallets, hit them hard.
Now, you have their attention.
I hope and pray more good will come from this rare display of what America is about. The only way to get the job done is to unite.
"Lawyers and conservators must be held accountable." We need a state Supreme Court to tell us this?! The legal system is corrupt to the core, and this case provides more proof.
Civil rights are routinely denied so crooks can make money. Let's hope others benefit from the Daniel Gross decision so this changes.
I feel like a deer in headlights. This is just wonderful news on behalf of so many victims who are suffering as the courts, judges, lawyers, and guardians turn their heads away as if the victims were vermin instead of people.
Three cheers for CT. A marching band and standing ovation for the late Mr. Daniel Gross, for reporter Rick Green, and for Mr. Gross' daughter, Dee.
Dan Gross went through hell and now he's giving them hell!
how fitting.
The time has just arrived that appointed attorneys and guardians all across the country will now be sharing in the sleepless nights we victims have endured for years. :)
Reform is coming. Congrats Dee King for not giving up. The truth is on our side.
Amen to that Pat from Indiana.
Thing is most of us have lost our loved ones that no sleep will ever recover or be justified for their sleepless nights. Take away their power, and money is not enough.
They really need to feel what we other victims and their families have endured for years.
Here in AZ we say......"Isolate, Medicate, and Liquidate". No matter how you say it, it has the same meaning and harsh results.
those in the protection industry are 'perceived' as the good guys perception is everything and carries heavy weight with the court and all government agencies those on the probate team pro guardianship with ex-parte hearings meetings phone calls belonging to the same social circles know how to get the job done how to get the word against the opposition gets spread through the grapevine with no chance for the accused the opposition to guardianship the 'bad' family member or advocate doesn't know whats being spread about them preventing the member to mount a defense against accusations and allegations in social services closed records the rush to establish a guardianship case is obvious it's all about power and control the court approving billing while seizing property all paid for by the ward of the state if there was oversight and monitoring if profits and chances for more profit off the radar away from records and irs eyes the protection industry would suffer greatly reducing their standard of living forcing the players to find work elsewhere and get a real job
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