With my Usual Caveat that I am NOT an American Lawyer (Thank God).
This seems very straight forward to me, the Conservator (Guardian) was dismissed for improprieties in her billing practices and not withstanding that she is now trying to stand behind the immunity that she enjoyed at the time of her Guardianship.
Her immunity should have been extinguished the moment she was found to be over billing, not withstanding the fact that immunity should not prevail other than one that would pass the old "Good Samaritan Test".
There is no way on gods wide earth that what this Guardian has done would pass such a s test and the immunity should be set aside just for that alone.
VERY WELL DONE GINGER, WE ARE ALL HOPING YOU WILL SET A PRECEDENT WITH IF YOU CAN WIN WITH THIS. KEEP ALWAYS POSITIVE AND BE ASSURED YOU ARE DOING THE ABSOLUTE RIGHT THING IN THIS FIGHT!! WE PRAY YOU WILL HAVE AN OVERWHELMING VICTORY! GMS
No guardian should be immune if he/she does criminal acts. Filing a fraudulent application for bankruptcy is a criminal act, probably one of many of Stuart's.
Abuse and exploitation is against the law!!! Period!!! no one has immunity!!! Abuse and exploitation of a disabled person!!! In Florida if you park in a disabled spot you get in big time trouble! and someone wants to say under the court you can do any thing you want and it is ok!!! how sick are these people, they should be in jail!! They knew what they were doing!
I am outraged! Not only should she go to jail, so should the judge and who ever was over seeing this Guardian! It was a scam from day 1, set up by all of them! Throw them in jail and sale all their belongings, don't let their family visit them and repay the people they stole from!!! TODAY!!
If Danny Tate hadn't freed Ginger Franklin, she may still be trapped. Her conservator turned a blind eye and deaf ears to Ginger's request to terminate the conservatorship.
Someone tell me... Wouldn't the case precedence set in the Dee King/Daniel Gross case apply here? It was determined that the guardian and also the wards attorney are NOT protected by judicial Ammunity.
The Conservator Jeanan Stuart drafts the ORDERs and then the Judge, in this case the so called judge is: Judge Randy Kennedy auto signs it and all orders so that is their excuse that the COURT ORDERED the action - does anyone see anything wrong with this scheme oh excuse me, procedure?
I'm glad this story made the press. It is inconceivable that anybody could be given such power over someone else's life and assets and have immunity at the same time. The lawyers in my family's case all kept telling us that there would be court oversight, but there is none. The only oversight is a petition and expensive trial, and then the family petitioning can be held liable for all the lawyer's fees and court costs. The court and lawyers and various appointees have nothing to lose. As far as I can tell, it's the same as organized crime except that these criminals are hiding beneath the cloak of justice.
Oh, I'm praying for you, Ginger!
ReplyDeleteWith my Usual Caveat that I am NOT an American Lawyer (Thank God).
ReplyDeleteThis seems very straight forward to me, the Conservator (Guardian) was dismissed for improprieties in her billing practices and not withstanding that she is now trying to stand behind the immunity that she enjoyed at the time of her Guardianship.
Her immunity should have been extinguished the moment she was found to be over billing, not withstanding the fact that immunity should not prevail other than one that would pass the old "Good Samaritan Test".
There is no way on gods wide earth that what this Guardian has done would pass such a s test and the immunity should be set aside just for that alone.
VERY WELL DONE GINGER, WE ARE ALL HOPING YOU WILL SET A PRECEDENT WITH IF YOU CAN WIN WITH THIS. KEEP ALWAYS POSITIVE AND BE ASSURED YOU ARE DOING THE ABSOLUTE RIGHT THING IN THIS FIGHT!! WE PRAY YOU WILL HAVE AN OVERWHELMING VICTORY!
ReplyDeleteGMS
You did a great job, Ginger. And we hope and pray Jeanan Mills Stuart will be held accountable for what she did to you. She's a criminal in my book.
ReplyDeleteNo guardian should be immune if he/she does criminal acts. Filing a fraudulent application for bankruptcy is a criminal act, probably one of many of Stuart's.
ReplyDeleteLet's raise our glasses to Ginger Franklin and applaud her bravery and hopefully her success.
ReplyDeleteI agree with Ginger's attorney; immunity was not intended to allow or abet abuse.
This is a case that should set a new precedent. Guardians who abuse their wards should be subjected to penalties, including civil suits.
ReplyDeleteAbuse and exploitation is against the law!!! Period!!! no one has immunity!!! Abuse and exploitation of a disabled person!!! In Florida if you park in a disabled spot you get in big time trouble! and someone wants to say under the court you can do any thing you want and it is ok!!! how sick are these people, they should be in jail!! They knew what they were doing!
ReplyDeleteI am outraged! Not only should she go to jail, so should the judge and who ever was over seeing this Guardian! It was a scam from day 1, set up by all of them! Throw them in jail and sale all their belongings, don't let their family visit them and repay the people they stole from!!! TODAY!!
ReplyDeleteThis is happening all over the country, and needs to be stopped.
ReplyDeleteOf course the guardians needs to be held accountable .
Texas Victim
If everyone of these thieving Guardians were sued, it just might send a message to the Judges who overlook these Guardianship abuses.
ReplyDeleteRon
It's KARMA baby, KARMA. And Stuart deserves it.
ReplyDeleteCourtroom Terrorists aka protection industry - what a crock of ****. Wake up America who is next?
ReplyDeleteStuart is a CROOK and a LIAR it's all there in court documents and all arrows are flashing to the kingpin crook: JUDGE RANDY KENNEDY
If Danny Tate hadn't freed Ginger Franklin, she may still be trapped. Her conservator turned a blind eye and deaf ears to Ginger's request to terminate the conservatorship.
ReplyDeleteI hope the conservator pays a mighty big price.
Hats off to this victim for suing the Guardian. The publicity from the trial alone calls attention to this elder abuse atrocity.
ReplyDeleteSomeone tell me... Wouldn't the case precedence set in the Dee King/Daniel Gross case apply here? It was determined that the guardian and also the wards attorney are NOT protected by judicial Ammunity.
ReplyDeleteAbsolute judicial immunity! What a crock!!
ReplyDeleteGuardians and conservators have a FIDUCIARY DUTY to their wards. The standard is STRICT LIABILITY for all defalcations, no matter how large or small.
Evan a JUDGE does not have immunity, qualified or absolute, for acts or omissions outside the scope of his authority or jurisdiction.
Those associated with the court process have qualified immunity at most, and no immunity whatsoever in this situation.
The lawyer is correct -- to accept this bogus argument would be a license to steal.
And it's not the law, in any state.
This case needs a jury of citizens.
ReplyDeleteThe Conservator Jeanan Stuart drafts the ORDERs and then the Judge, in this case the so called judge is: Judge Randy Kennedy auto signs it and all orders so that is their excuse that the COURT ORDERED the action - does anyone see anything wrong with this scheme oh excuse me, procedure?
ReplyDeletePraying.
ReplyDeleteNo immunity for this guardian or any guardian this abuse needs to stop!
ReplyDeleteHats off to you, Ms. Franklin
ReplyDeleteI'm glad this story made the press. It is inconceivable that anybody could be given such power over someone else's life and assets and have immunity at the same time. The lawyers in my family's case all kept telling us that there would be court oversight, but there is none. The only oversight is a petition and expensive trial, and then the family petitioning can be held liable for all the lawyer's fees and court costs. The court and lawyers and various appointees have nothing to lose. As far as I can tell, it's the same as organized crime except that these criminals are hiding beneath the cloak of justice.
ReplyDeleteKennedy allowed it all! Get the bum off the bench!
ReplyDelete