Prompted by recent action in the General Assembly, the Tennessee Bar Association is set to begin a statewide series of hearings on possible reforms to the two-decades-old law governing conservatorships.Association President Jacqueline Dixon said the goal is to get a wide variety of opinions from the public.
“And not just lawyers. We hope to get some good evidence,” she said.
Among the items most likely to be addressed are measures to ensure that those placed in a conservatorship retain as many of their rights as possible.
In a conservatorship, a person’s right to control everything from his or her health care to finances is turned over to a court-appointed person.
The initial hearings are set for Thursday in Nashville, with other sessions set for Memphis, Chattanooga and a fourth site yet to be determined in the eastern part of the state.
The bar association’s efforts were prompted by state Rep. Gary Odom, who proposed a series of reforms after hearing of the case of Jewell Tinnon, the Nashville woman who lost her house, car and personal possessions during a conservatorship that was later dissolved. Tinnon filed suit against the agency that oversaw her conservatorship, but the suit was dropped after a dispute between Tinnon and her attorneys, including Rachel Odom, the legislator’s spouse.
Probate Judge David “Randy” Kennedy, whose court handles conservatorship cases in Davidson County, said in an email that he was “delighted” the bar association was holding the hearings.“Because statutory law cannot remain static and must evolve to meet the needs of a changing society I anticipate that the task force will make specific recommendations to the legislature on matters that will aid the courts in enhancing the services that we are obligated to provide to all of our elderly and disabled citizens,” Kennedy wrote.
Earlier this year Kennedy announced he had instituted new procedures in his court requiring conservators to file notice in the event a person’s condition improved and a conservator was no longer required.
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Conservatorship Reform Hearing Slated
"“And not just lawyers. We hope to get some good evidence."
ReplyDeleteAnd then I hope you'll do the right thing!
Thinking today of Danny Tate, Ginger Franklin, Jewell Tinnon, Don Acree ---- and the other victims of abuse under Judge Kennedy's watch who aren't well known....
ReplyDelete"And not just lawyers. We hope to get some good evidence,” she said. Credit is due to the TN Bar for their efforts.
ReplyDeleteWhat better evidence than testimony from the rare group of former wards who were strong enough to have survived the protection industry?
Testimony from those who are financially, physically and emotionally ruined with no chance to ever recover.
Hearing from the lawyers or anyone who benefits in any manner in my opinion is a waste of time.
QUESTION: Will former ward, Ms. Jewell Tinnon be speaking? Who will help her to transport the elderly Ms. Tinnon from the public aid facility where she is now forced to live after losing her house and all her possessions to the protection industry?
Who will speak for Ms. Tinnon and all the others who are unable to testify at these hearings? Who will speak for those who have been silenced?
Very best to Danny and Ginger.
Did Kennedy forget that he sat on the Ginger Franklin case for a year and a half after she asked him to terminate it?
ReplyDelete"Kennedy announced he had instituted new procedures in his court requiring conservators to file notice in the event a person’s condition improved and a conservator was no longer required."
ReplyDeleteOh, yeah! But first he sat on Ginger Franklin's case for a year and a half AFTER she wrote, asking that her case be terminated due to her recovery from injury.
Is the TN Bar interested in what the public's thinking or are they interested in reform?
ReplyDeleteIf they're interested in reform, have they contacted NASGA?
Obviously the state statutes are not being followed. People complain to the proper agency who dismiss complaints as fast as they come in or they go into the shredder.
ReplyDeleteNo accountability it's open season and the judges are aware and abuse their positions. No, not all judges my intent is to but blame where blame is due and earned: Judge Randy Kennedy is a disgrace to his title and his robe.
Probate is the place where the big money is, the lawyers know it so they're lined up waiting for their piece of the action.
Guaranteed payment no haggling with clients to pay their bills. Easy money for no work? You betcha!
I hope one of the recommendations will be to disbar judge kennedy. He is a disgrace to the state of Tennessee
ReplyDeleteI heard both Danny Tate and Ms. Timmons spoke
ReplyDeleteKennedy was there but left when Ms. Timmons got up to speak. Rachel Odem got up and left too.
I read that Kennedy was there but I didn't know he left when Jewell Tinnon's spoke.
ReplyDeleteVery telling that Odem left shows where her loyalties are directed.
Sick twisted system by design to unjustly enrich the protection industry and some judges who allow the outrageous abuses all under color of law.
People need to know this can happen to them and when it does it's too damned late to save yourself.
Demand change, demand reform and demand that the bad judges are forced off the bench.
Clean this garbage out before we read about your story here at NASGA.
ReplyDelete