Help My Sister Restore Her Human Rights

 A request for help to expose probate court and guardianship corruption.

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Guardianship Abuse Victim's Condition Deteriorates Following Court's Ruling

 Within hours of the court’s decision, Karilyn’s eldest daughter relocated her to a facility with limited physical therapy resulting in Karilyn's rapid decline.

To know that someone can become so hopeless due to their belief that the legal system has completely failed them is disheartening.”

— J. Ronald Denman - Attorney for Christine Montanti

NEW YORK, NY, UNITED STATES OF AMERICA, February 11, 2022 /EINPresswire.com/ -- After Broward County’s 17th District Court denied guardianship abuse victim Karlyn Montanti’s right to be heard at the Suggestion of Capacity hearing January 14th, 2022, her condition has severely worsened and deteriorated. The court denied Karilyn due process at the hearing: it rejected her request to appear in court and for a continuance due to her hospitalization after undergoing emergency hip surgery. The judge proceeded with the capacity hearing in Karilyn’s absence in a courtroom closed to the public and refused to allow questions of the court- appointed doctor. In addition, the court refused to hear from any witnesses, including other psychiatrists and doctors who were prepared to testify to her capacity. 

Within hours of the court’s finding of incapacity, Karilyn’s eldest daughter relocated her to a nursing home over an hour away from her residence and family members who live nearby. Following emergency hip surgery, Karilyn underwent a regimen of intensive physical therapy at JFK North Hospital 7 days a week, several times a day which is needed for someone with this type of injury. Since her eldest daughter selected a nursing home that only offers limited occupational and physical therapy in Lauderhill, instead of an intensive rehabilitation facility, Karilyn’s condition has rapidly declined.

Ms. Montanti ‘s younger daughter has been advised by several medical professionals at Karilyn’s present nursing home that this facility is inadequate to address her needs; she requires a facility that offers more intensive and frequent therapy. In addition, Karilyn’s daughter was also advised by Karilyn's treating doctor that with proper therapy, she should have been out of the rehab facility within two weeks.

Due to the lack of necessary physical therapy, Ms. Montanti’s condition has taken a turn for the worse. She is not receiving the level of rehabilitation she needs and is limited to therapy once a day a couple of days a week; this is far less than what is needed for any patient coming off major hip surgery. Because she is in tremendous pain and not mobile from the lack of required therapy, she has gotten severely depressed, tired and has lost her will to live.  She has requested a transfer to the hospital, but her requests are being ignored. Several appeals have already been filed by Chrisitine Montanti’s attorney J. Ronald Denman seeking a reversal of the judge’s prior order in this matter, but Ms. Montanti's family feels that Karilyn may be running out of time.

Full Press Release:
Guardianship Abuse Victim’s Condition Deteriorates Following Court’s Ruling

Who Guards the Guardians, Part three

In April 2013, four years into her ordeal, [Rosamond Bradley] the retired schoolteacher, who volunteered for years with her church and had traveled to all seven of the earth’s continents, appealed to Head for freedom. In a handwritten note she pleaded with the court, “Dear Sirs, I feel very competent to take care of myself. I request that all my civil rights be restored.” A year passed and Rosamond heard nothing.

She wrote again: “I want my rights restored! Thank you.” This time her note caught the attention of Gene Valentini at the county’s office of dispute resolution, which is Lubbock’s closest thing to a court investigation office. Valentini mentioned her case to Terry Hammond, an El Paso attorney who is active in the national guardianship community. He flew to Dallas to meet Rosamond. Because Phil still managed all of her bank accounts, Hammond allowed her to retain him with a nylon American flag.

Hammond had a Dallas County court visitor check in on Rosamond, and the court visitor confirmed what Rosamond had been saying all along: Even if she had once needed a guardianship, she didn’t anymore. She could balance her checkbook, the report noted, and seemed to get along fine with Jim helping to care for her. A report from Rosamond’s doctor in Dallas affirmed she was fit to make her own decisions.

Head ignored the recommendations. He determined the Dallas court visitor lacked standing to intervene, and kept the guardianship in place. Another year of legal wrangling passed before he finally transferred her case to Dallas. Rosamond’s sons hired a new attorney in Dallas, who argued, against the court visitor’s recommendation, to maintain the guardianship. It took another year for the court to finally restore her rights.

“We’re finding that the vast majority of cases have problems,” [Office of Court Administration Director David Slayton] says. Most common are missing annual reports from guardians about a person’s well-being or their finances. In other cases, there’s no record of a court-ordered bond, which the law requires to guarantee a guardian won’t walk off with his or her ward’s money. In Webb County, Slayton says, 80 to 90 percent of the guardianships are missing some piece of vital paperwork, such as annual reports on the person’s welfare, or an account of their spending from the estate. An earlier review from Slayton’s office, after a quick look at 14 counties including Lubbock, mentioned finding letters from concerned family or friends tucked into the files. “Often it did not appear that the correspondence or documentation had been provided to the court,” the report said. “In some instances, even though the court may have been made aware of the query, the matter did not appear to have been addressed.” In this light, Rosamond Bradley’s unheeded calls for help from Head seem at once less remarkable and even more troubling. “There’s very little oversight occurring in those [cases] to ensure there’s no exploitation,” Slayton says.

It’s clear, he says, that the problem goes well beyond any one county or judge — counties simply have nowhere near enough money to ensure that people under guardianship are being kept safe.

Full Article and Source:
Who Guards the Guardians?

Taylor lobbied for law: now has filed ward rights restoration

By MARCIA DAVIS

Before the 84th Legislature adjourned, the state passed new laws that widen the window for alternatives to guardianship.

A local man who directs a regional guardianship program has filed what he believes the first or one of the first court applications, under the new laws, to invoke supported decision-making rights for a person under a guardianship.

The new laws, first filed separately as HB 39 and SB 1881, took effect Tuesday, Sept. 1.

The week before, James Taylor, executive director of Family and Court Services, filed an application in the Titus County Court seeking the state’s restoration of competency for 67-year-old Mount Pleasant woman. The local woman meets the criteria outlined in the new law, according to Taylor.

According to the Texas Tribune, over two years ago members of the Texas Judicial Council (TJC), a group that comes up with ways to streamline the state’s legal system, began looking at the state’s guardianship system in the face of an anticipated “silver tsunami as the state’s population ages.”

The over-65 population in Texas is reportedly expected to double by 2040.

The TJC has reported that more than 50,000 Texans now have guardians, a 60 percent increase since 2011, and comprises one of the fastest-growing case types in the Texas state courts.

Rep. John Smithee, R-Amarillo, who sponsored HB 39, was quoted as saying the bill would urge everyone involved in a case to view guardianship as a last resort, or use guardians on a temporary basis. The measure also prevents guardians from moving wards to a nursing home or group home without first notifying the ward’s friends and family; and it requires attorneys involved in a guardian case to have special training. 

SB 1881, sponsored by Senator Judith Zaffirini, D-Laredo, establishes the supporter alternative for courts to use.

State Rep. Bryan Hughes explains the laws this way:  “These new laws were designed to give more options. Some folks need help but do not need a full blown traditional guardianship. These new procedures are intended to fill the gaps for people like that.”

“The laws should give people more choices and free up our courts for those cases where they are needed most,” Hughes said.

Taylor said, “The passage of the new law is another big win for disability rights because it ensures that the wants and needs of an individual with an intellectual disability are addressed when deciding if a person needs a legal guardian. And, it may allow a 67-year-old Mount Pleasant woman to enjoy the freedom that she has wanted.”

Taylor said, as the only Texas certified guardian serving on the Children’s Policy Council of the Texas Health and Human Services Commission, he advocated for the passage of the combined Senate and House bills, known as the Supported Decision-Making Act.

According to the application for complete restoration of the ward, filed by Taylor as Family and Court Services, Inc. in the Titus County Courts Aug. 21, Family and Court Services, Inc. was appointed successor guardian of the person and estate on Dec. 12, 2013.

That person was described in the court document as a ward born in 1949 who resides locally.

Court records show that the woman’s father obtained guardianship of her several years ago. After her father died, an aunt became her guardian, and in 2013, the elderly aunt resigned, and Family and Court Services was appointed her guardian. 

Since that time, the court document reads, the legislature has passed and the governor of Texas has signed a number of bills relating to finding a less restrictive environment than a guardianship for persons whom the court finds has either full capacity or sufficient capacity with supports and services to care for themselves and to manager their property.

In the filing, Taylor, as executive director of Family and Court Services, states that the ward meets the criteria known as Supported Decision-Making Agreement Act, effective Sept. 1.

The court document filed defines supported decision-making as “a process of supporting and accommodating an adult with a disability to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, supports and medical care the adult wants to receive, whom the adult wants to live with and where the adult wants to work, without impeding the self-determination of the adult.

According to the court document, “under the act, (the ward) can enter into an agreement with a person to assist her making everyday life decisions related to any or all of the following – at her option:  obtaining food, clothing and shelter; taking care of her physical health; managing her financial affairs; help her access, collect or obtain information that is relevant to a decision, including medical, psychological, financial, educational or treatment records; help her understand her options so she can make an informed decision; or help her communicate her decision to appropriate persons.

The court document states: “The supporter is not allowed to make decisions for her, only assist her in making decisions.”

“Since Guardian’s appointment, Ward has or has regained sufficient mental capacity to do all of the tasks necessary to care for herself and to manager her property or in the alternative to do so with the appointment of a supportive decision maker,” the court document reads.

In the document, Taylor, as the guardian and “Applicant requests the court find that the Ward has full capacity or sufficient capacity with supports and services to care for herself and to manager her property.”

On Aug. 27, an order appointing an attorney ad litem was filed to represent the interests of the ward in the proceedings to restore her capacity. 

Lisa Beaird Shoalmire was appointed as attorney ad litem for the ward and, according to the order, will be supplied with copies of all current, physical, medical and intellectual examinations and have access to all relevant medical, psychological and intellectual testing records from physicians and health care organizations and providers relating to the ward’s care, treatment, diagnosis and needs.

Taylor has come under public scrutiny over the past few months from persons questioning his guardianship appointment in a high-profile guardianship case and his reporting to the courts and the amount of his bond in another guardianship case. 

He recently (Aug. 14) resigned from the Children’s Policy Council of the Texas Health and Human Services Commission on which he served for more than 10 years “through three commissioners and five legislative sessions,” he said.  (Continue Reading)

Full Article & Source:
Taylor lobbied for law: now has filed ward rights restoration

Couple Free At Last From Clark County Nevada Guardianship Program!

Free at last. That's the case for one family after a two-year battle to get out of Clark County's guardianship system.

Hugs and tears outside Family Court after a guardianship hearing that paved the way for Julie Belshe to take the last steps in bringing her torn apart family back together.

 "It's overwhelming for me. It really is. It's beyond words," Belshe said, holding back tears.

 "Just like a rope around my neck has been removed," added her mother, Rennie North.
Source: Couple Free At Last From County Guardianship Program

Judge Recommends Removal of Legal Guardian for Bret Bohn

An Anchorage judge is recommending the state terminate its legal guardianship over Bret Bohn, the 27-year-old Wasilla man who has been at the center of a medical custody battle between the state and his family.
 
Bohn, who is currently living in Idaho, spoke by telephone at his hearing today in an Anchorage courtroom. The media was not allowed to be present but his family and attorney spoke after the proceeding.

“I think all the parties have come to the agreement that Bret Bohn has regained capacity and he is now ready to re-enter society as the young man he was before he had a guardian placed over him last fall,” said Mario Bird, an attorney for Bohn’s parents.

Bohn was declared medically incapacitated a short time after he was admitted to Providence Alaska Medical Center last fall; first for insomnia, then for seizures.

The family clashed with hospital staff over medications given to their son.

A judge overrode his parent’s power of attorney and gave sole control over Bohn’s medical decisions to a paid public guardian.

Lorraine Phillips, Bohn’s mother, said she was looking forward to seeing her son soon and couldn’t be happier that he had regained his rights. She said her son is doing well and is able to make his own decisions, including whether he might seek legal redress over what happened to him.

Source:
Judge Recommends Removal of Legal Guardian for Bret Bohn

See Also:
Bret Bohn Case Puts Spotlight on Alaska State Guardian Program