Monday, October 1, 2012

Retired chiropractor returns to being a free man

A retired chiropractor who was under a guardian due to poor health and who became the center of an acrimonious legal battle between his wife and children is free to run his life, a judge ruled Wednesday.

James Chism, 75, of Clinton Township, who practiced for many years in Macomb County, smiled as he walked out of a courtroom at Macomb Probate Court in Mount Clemens moments after William Monaghan was removed as his guardian. Chism declined to comment.

“He’s made remarkable progress,” said his attorney, Patricia Patterson-Courie. “He’s got his driver’s license. He’s passed all of the tests.”

Two neurologists attested in letters that Chism can function and take care of himself without a guardian, said Monaghan, who supported his removal.

Tests show he has “mild cognitive impairment but that is normal for his age,” Patterson-Courie said.

It’s clear and convincing evidence that he should return to making his own decisions,” Judge Pamela Gilbert O’Sullivan said.

The development did not please his son, Steve Chism, who said he remains concerned about his father’s health. Attorney Richard Kent, representing the children, however, in the courtroom did not object to the removal, noting he had no legal basis.

He is not free by any stretch,” Steve Chism said in an email Wednesday after the hearing. “I am very sad that the same court that gave my dad a death sentence by authorizing his commitment has now left him at the mercy of” his wife, Karen Chism.

Full Article and Source:
Retired chiropractor returns to being a free man

See Also:
Family Members Battle Over Sick Man's Care


Thelma said...

Best way to start a reader's day!

Barbara said...

Boy, that's right, Thelma.

I am so happy for Mr. Chism~

StandUp said...

People afflicted with dementia don't "make wonderful progress" so I don't buy the cover up.

But, I am nontheless thrilled for Dr. Chism.

Jason said...

It is rare anyone gets out of the guardianship trap. Dr. Chism is one lucky man!

Heather said...

The wonderful progress thing is a pretty stupid thing for them to say. Do they think we can't see through that?


Enjoy your life again, Dr. Chism and congratulations.

Michelle said...

I imagine we will hear alot from Mr. Chism after he gets home and settled. He's probably pretty overwhelmed right now.

I pray that his family heals.

Friend said...

The tale of James Chism's guardianship is about sneaky deeds, collusion, starvation, near death and rescue by his brave children, who created a huge support network and stopped at nothing to save his life. Thanks to ongoing media coverage, we saw how a probate court makes up for bad decisions when the public is looking.

‘Doc’ Chism emerged as a man whose will to live was so strong, he overcame physical weakness, emotional harassment and loss of rights and property - to prove that he does not need a guardian; he does not need a conservator; he does not need a court to supervise his affairs – and he never really did.

Anonymous said...

Just because someone has dementia does not mean they need a guardian. I am sure his wife if capable can take care of her husband if need be. Guardianship abuse needs to end! The greed and corruption is so deep in Florida it will take an army to tear apart. They are hurting families all over Florida! Please bring the Army!

Sylvia Rudek said...

Dr. Chism is in a rare group of people who survived abusive guardianship. Being declared a ward of the state is almost always a life sentence.

Dr. Chism and his family are forever changed, while his finances are forever affected but we are thankful and grateful he is alive and he is free and able to be a witness.

Dr. Chism's case is one example of many. Abuses, physical and financial under color of law is a national problem, a national epidemic and a shameful national disgrace.

See: Helen Fabis / Rock County court case: State of Wisconsin vs Kathleen A. Simane 2005CF000301

Norma said...

Dr. Chism's case received a lot of media attention and I that inspired the judge to fix the problem.

I am glad he's free. He's very lucky.

L P Lambert said...

My mother and James Chism have both been wards of Macomb County Probate Court. Her guardian and conservator was also his, after his wife. The judges and attorney-appointees look different here. Under media focus, everyone seemed to perform much better, as if they shared the same script and memorized their lines.

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Diane said...

This is wonderful news! I am so happy for Dr Chism and his children. I hope he divorces that horrible woman that tried to kill him.

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