In an 8-page ruling, Judge Hamilton Gayden ruled that former Public Guardian Jeanan Stuart is not immune to a suit charging that she failed to fulfill her duties.
Gayden had previously ruled that Ginger Franklin, the Hendersonville woman, could not sue based on allegations that Stuart mishandled her financial affairs. But late last week, he found that Franklin could sue for the personal toll Stuart's handling of her affairs had taken.
That includes "mental anguish" and other damages.
"Thus, the court holds that Stuart is not entitled to absolute judicial immunity for the alleged actions (or inactions) in this case," Gayden wrote.
Gayden concluded that Franklin could not contest the financial losses but can pursue claims that Stuart failed to act in her best interests by failing to investigate the living conditions at the group home where she placed Franklin..
Citing a prior ruling, Gayden said the precedent "stands for the principle that failure to act in the best interest of the ward is actionable."
He cited Franklin's claims that she was "abused in various ways, including being forced into slave labor."
Franklin already has won a ruling over the operators of the group home but she said she has yet to collect the $23,050 awarded by a Sumner County judge, who ruled Franklin had been abused durung her stay at Salim Homes.
Stuart resigned last year on the same day that Probate Judge David Randy Kennedy announced he would not appoint her to any more conservatorships because of questions over her billing practices as first reported by the Tennessean. Her position has remained unfilled.
Source:
Judge Rules That Public Guardian Isn't Immune from Lawsuit
See Also:
NASGA: Ginger Franklin - Tennessee Victim
15 comments:
Best news I've heard all day!
Right, the guardian has a fiduciary duty, so the standard should be strict liability.
Also, NO ONE except a judge has absolute judicial immunity.
Quasi-judicial officers, like the Commissioner of Accounts or police officers, have qualified immunity at best. Usually, the qualification is that the quasi-judicial officer act in good faith.
If the guardian dumped this lady somewhere and didn't even visit, and blew off complaint after complaint, she was not acting in good faith.
In our Hampton Roads area of Virginia, the public guardianship programs, Jewish Family Service of Tidewater and Catholic Charities of Eastern Virginia, like to claim they are "acting for the court."
No, you're acting as a substitute decision-maker FOR THE INCAPACITATED PERSON. You have a fiduciary duty TO THE INCAPACITATED PERSON. You are that person's AGENT, and STRICTLY LIABLE for any breaches of your fiduciary duty and defalcations, financial or personal.
So when you dump that person in a Scott Schuett adult home, willfully violate a court order, blow off phone call after phone call from concerned friends about the deplorable conditions, rig the court system with your unethical, lying hand-picked guardian ad litem, misinform the judge about the actual conditions with phony cheery emails, bounce checks over and over, double and triple charge your guardian and conservator fees, allow your client's house to go into foreclosure, force another client into a sheltered workshop for pennies an hour, cut off that client's contact with the world, maliciously defame each and every person who makes legitimate attempts to stop your misconduct, and systematically shut down every avenue of accountability and oversight, YOU ARE GOING TO BE SUED, and more importantly, YOU ARE GOING TO LOSE.
The future always comes, folks.
Ginger, I'm so happy to hear this for you. You deserve it and your case will set a new precedent that will help others!
Thank you judge!
Anonymous, you're right in what you're saying, but any case that's been filed comes back with a denial saying that the guardian has quasi immunity and it also has to do with the accountings being approved, therefore "legal."
This case is breaking all the "rules" and will set a precedent.
Cant wait till every county in America especially Harris County Texas jumps on board and start suing the lawyers and At Litums and Judges for kangaroo courts destroying our lives and assets
I have the distinct feeling that Jeanan Mills Stuart isn't celebrating!
Guardianship abuse is abusive the wards and their family. I wish Ginger Franklin godspeed in her suit!
Please keep us informed, NASGA. This is heartwarming news and hope for all of us who are stuck in guardianship with no help or no way out.
Great news! Any guardian that doesn't work in the wards best interest should be sued... Thanks Judge and Thanks to NASGA for keeping everyone informed.
Great news!
Judge Hamilton Gayden is holding former Public Guardian Jeanan Stuart responsible and accountable with consequences for failing to fulfill her duties.
Not only did she fail Ginger Franklin, she failed others while she was billing outrageous fees for simple tasks.
She failed the people of Davidson County while she was being overly compensated while collecting new cases in Judge Randy Kennedy's courtroom.
Stuarts actions and inactions in the Franklin case is an example of her pattern of operation.
Who knew?
What did they know?
And, what if anything they did about it?
I recall complaints regarding Jeanan Stuart submitted by Ginger Franklin to the TN Board of Professional Responsibility.
What is the conclusion of the TN BOPR?
Did the BOPR take any actions against the respondent of the complaints?
If not, why not?
Who will investigate the TN BOPR? All who had their fingerprints on complaints against Stuart must answer what actions were taken.
So good to hear! Hope it spreads across the United States! This happens all the time in Pinellas County, Florida. Under Judge Lauren Laughlin, Judge Jack St. Arnold and just recently passed Judge Patrick Caddell. The guardian's are the Judges Friends and they will do what ever the guardian ask them to do. Check out guardian Sherry Dunn, 80 dollars to drive a man to McDonald's from his Nursing home to MD for 80 dollars, she does it once a week and that is just a start. Check it out they know who they are robbing. Pinellas County Guardians they all need to be held accountable. They call themselves professionals, they should hide, they have been doing a really good job at hiding from the public. Bring them to light!
I am so happy for Ginger Franklin who will now have a chance to hold Jeanan Stuart accountable for her wrongdoing. This is really BIG.
rare for sure if the x conservator of ginger franklin is halfway of sound mind she would begin the settlement negotiations immediately if not does that crazy stalling tactic qualify jeanan stuart to be conserved? im just saying that would be a taste of karma imo
Congratulations Ginger! No one should ever have immunity, especially guardians. The judges need to be held responsible as well. After all, they are the ones making decisions to destroy people's lives. I am glad to see that at least part of this judge's ruling makes sense. It is very hard to fathom that the guardiAN was given a pass on all of the money she stole from Ginger; however I am sure Judge Kennedy got a nice big chunk of change from Ginger's case in addition to all of the others whose lives he destroys.
It's one little step, but a positive one. We need so many more like it.
Guardianship is a very abusive industry.
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