Circuit Judge Hamilton V. Gayden Jr. said in a letter to Franklin’s attorney that he had decided to grant Stuart’s motion for summary judgment.
Franklin, who lost her condo, car and all her belongings during the conservatorship, said she could not understand the decision.
“Everything I owned was gone,” she said. “It just doesn’t make sense.”
Gayden’s letter does not disclose the reasoning behind his decision, and a formal ruling has yet to be posted on the circuit court web site.
But the judge left the door open for Franklin to proceed with her case on a second charge.
Gayden said in his letter to attorney Michael Hoskins that he had not yet decided whether to reject a separate claim by Franklin relating to Stuart’s placement of Franklin in a group home, where Franklin has charged she was put to work taking care of other residents.
A Sumner County judge, in a separate suit filed by Franklin against the group home and its owner, ruled that Franklin and other residents at the group home were the victims of “egregious and intentional abuse” when they were put to work by the group home owner.
The judge in the case, C.L. Buck Rogers, died recently before a hearing could be held to determine the amount of punitive damages to which Franklin was entitled.
Full Article and Source:
Nashville Judge: Former Guardian Not Responsible for Ward's Losses
24 comments:
I'd like to make Jeanan Mills Stuart a ward of me as her conservator...see how she likes getting robbed and abused with no say...no rights...
This news is as pathetically corrupt and rotten to the core as it gets. The car part of this sickening story is familiar. My Dad was not allowed the use of his car (for us to drive him in only, because he could not get in our suv and truck)during his 7 month conservatorship. They towed it away...never saw it again...then the San Diego Public Guardian asked the Judge if they could sell the $9,000 car and take another $13,000 in cash from his money to cover their storage fees at the county lot. $22,000 to store the car in their lot. The Judge said, sure go ahead...
Joan L :(
Not liable? For pete's sake that is like highway robbery. Ginger might have been robbed by her neighbor or family member and they sure has heck would be held liable and in jail.
I would like to the facts and conclusion of law for this determination and I hope Ginger's attorney won't let them get by with a ruling without one.
Right on, Sara!
A judge's decision must contain findings of fact and conclusions of law.
Appeal being impossible (due to the lack of findings/conclusions), will Hoskins move for reconsideration, or is he now one of them?
How can this be? I just don't get it.
What Jeanan Mills Stuart did was financially exploit Ginger Franklin, her ward.
And that's legal?
Thank you for posting NASGA, but this is one I wish I didn't know about as it's going to keep me awake.
Looks like Tennessee is getting to be one of those places we don't want to retire in.
I'm tired of this B_llSH_T. The people in the judicial and most of the other two branches are nothing but thieves and will hang together on judgment day. There is a reason the Bible talks about a narrow and wide gate..... Satan sure did a good job.
http://eldermurderabuseandexploitation.blogspot.com/2014/02/1-elder-murder-abuse-and-exploitation.html
This is happening all over the country. Folks please wake up and pay attention. This could so easily be your life in the future.
When you are guardianized, whatever you've worked so hard to earn will likely be liquidated and squandered by attorneys for their fees. Taxpayers pick up the bill when wards are put into very substandard care nursing home. Too often wards are put in hospice when they are not terminal.
Does anyone need to be told that the judge is as corrupt as the guardian? At least this has become public so everyone knows about it. The judge who heard my case was allowed to step down from the bench to avoid an investigation by the disciplinary board after a DA filed a complaint. No one will ever know about the elderly people, like my mother, that he persecuted.
I'm not surprised. Although the guardian and his wife told us that our brother was like a member of their family, he was charged for anything and everything. They also told this to another family member and she told them if this is how you treat your family, I wouldn't want to be associated with you.
I'm not surprised. My family member was charged any where from $200-$250 an hour - for anything and everything. The guardian would make multiple phone calls to the same person within 15 minute increments. His wife also charged my brother because she was the secretary.
I don't mean to actually cuss, but I hope Stuart rots in hell.
I'm so sorry, Ms. Franklin. What was done to you was in no shape or form "in your best interest" and I believe both Kennedy and this judge knew that. There must be a loophole in the law that allows guardians to abuse their wards with impunity.
I just hate this. The judge has just told us what happened to Ginger Franklin just doesn't matter.
Shame on the system.
Watch for KARMA Jeanan Mills Stuart because it will catch you. And you deserve it.
What is this judge thinking? Or is he thinking? It amazes me and at the same time, really takes away the ounce of respect I had left for the judicial system.
Praying for you Ginger.
I am astonished at this decision. How can the guardian not be accountable when the ward's money is all gone and it hasn't been spent on the ward's care? If Stuart were a "family" guardian, she would have been removed and charged.
Who is protecting her?
So we still want volunteers overseeing a corrupt system the volunteers will be attorney and accountants grabbing guardianships from families.
Guardianship needs to be abolished.
The system is abusive and expensive and the crooks never have to pay the money back .....this person was bonded by an insurance company they should have to pay. Big business protecting its interests.
Really? Then who is responsible? Judge Randy Kennedy? He's the last point of protection and safeguard for the ward. Could it be him?
This insantiy must stop. It is SO far over the top that this house of cards will fall soon.
To ANONYMOUS:
Guardianship cannot be abolished; it is an important and necessary law.
It needs to be monitored and the law enforced.
Attorney and judicial coverups of complaints must cease.
Guardianship should be abolished. Guardianship has no purpose when to be under guardianship it strips the people of their civil rights, prisoners have more. Thelma are you willing to give up your rights.
Guardianship is big big business.
In NJ an 18 year who was put up to suing her parents when home and her lawyer went to court to file for her guardianship - the lawyer was told get out of the court no guardianship but lawyers and doctors and professionals and some families use it to control another human life ..... it is a abusive and a very unconstitutional law that the person has to pay all the legal fees whether put under guardianship or not. Get out the arm bands and gather up all who society feels needs to be controlled.
I SAY APPEAL!!!! And then some of we NASGA ladies need to go knocking on doors in TN until someone hears us! It's an election year afterall...
From what I can tell, summary judgements do not usually end up in favor or the guardianized or their families.
Guardianships are very skillful at drawing lawsuits: it's one of the best ways for the guardian and his/her lawyer to drum up excessive fees. The families are sitting ducks because they cannot hope for any kind of justice for their loved ones without the litigation, but litigation just puts far more money into the pockets of their tormentors.
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