Ginger Franklin Fights for Control of Her Life

Franklin’s story illustrates what can happen to anyone who falls under the control of a conservator, which is a guardian appointed by the court to oversee the affairs of someone unable to take care of themselves.

Franklin fell down the stairs in her condo in 2008 and suffered a brain injury. She spent two months in rehab hospitals. Now that she's recovered, she's finding it very difficult to dissolve the conservatorship. She's been trying for more than a year.

She said people have no idea how many rights you lose when your life is controlled by a conservator.

"They strip all your rights when you're conserved," Franklin said.

As she discovered, people in conservatorships can't pick their own doctors, see their medical records or refuse mind-altering medicine. They can't write checks, handle their own money, sell or give away their possessions or enter into contracts, not even cell phone or cable contracts. They can't get married and can't hire a lawyer.

"People who are in prison have more rights than people who are conserved," Franklin said.

Randy Kennedy is the judge of Probate Court in Nashville. He oversees about 1,800 conservatorship cases. The Channel 4 I-Team asked why it’s so hard for someone to dissolve a conservatorship.

Judicial ethics prohibit him from speaking about Franklin’s particular case, but Kennedy agreed to comment in general.

"Often times, people think they can just walk in and say, 'Despite my debilitating stroke, or despite my traumatic head injury, or despite my Alzheimer's or senile dementia, I'm OK now and you need to take my word for it,’" Kennedy said. "The courts are not supposed to be making those kinds of judgments without clear and convincing evidence."

Franklin said she believes she's provided enough proof that she's well.

Franklin said she wants her life back. Her car is gone -- she doesn't know where -- as are almost all of her household items. Her stocks are gone; her checking and savings are accounts nearly empty. She said the conservator filed bankruptcy without her knowledge.

"I'm 52 years old, and everything that I have has been liquidated," Franklin said. “I wasn’t a rich woman, but I had nice things.

Franklin said she hasn't had an accounting of how her money was spent. Her house is now in foreclosure.

The public guardian appointed to her case did not return the I-Team's phone calls. Franklin said the conservatorship was the worst thing that ever happened to her.

"I understand it was entered into it with good intentions, and I'm sure there are people who are conserved who need to be conserved. But it has not done me any good. It has ruined my life," Franklin said.

Full Article and Source:
Woman Fights For Control of Her Life

See Also:
Ginger's Story

October 23, 2007 “Emergency” Ex Parte Hearing vs. Danny Tate

Here’s the cast of characters:

Judge Randy Kennedy: sitting judge for the 7th Circuit Court, Davidson County, Nashville, TN., appointed to the bench by Governor Phil Bredesen to an elected bench.

David Tate: Petitioner and brother to Danny Tate (the alleged “disabled” Respondent) who was not present and who had no idea this secret proceeding was taking place.

Paul Housch: attorney for the Petitioner, David Tate. Also, close friend, business associate, fellow alumni and other questionable alliances with Judge Kennedy. Campaign contributor to Judge Randy Kennedy’s unopposed re-election to a bench he was never elected to in the first place. Had never met or laid eyes on Danny Tate.

Robert Stratton: proposed Guardian Ad Litem for Danny Tate. Also, campaign contributor to Judge Randy Kennedy’s unopposed re-election. He has never met Danny Tate. As GAL, his responsibility is to investigate the allegations made by the Petitioner, David Tate, and to represent the interests of the Respondent, Danny Tate.

[The video transcript of this proceeding has just come to light, over three years after it took place. Judge Kennedy's office denied that this video transcript existed]

Read the transcript of the 10/23/2007 "Emergency" Ex-Parte Hearing

View the Ex-Parte Hearing

See Also:
Impeachment Is Not Good Enough

Denver Man Accused of Swindling 19 Elderly Persons

A 47-year-old Denver man has been charged with swindling 19 elderly individuals out of more than $1 million over a three-year period, according to the Denver district attorney's office.

Michael Mendenhall was charged Monday with multiple counts of theft from an at-risk adult by Denver District Attorney Mitch Morrissey.

The charges allege that Mendenhall took money from the elderly victims, some of whom had known Mendenhall for years, and signed promissory notes saying the money would be used for real estate acquisitions.

Investigators allege that instead of investing in real estate, Mendenhall used the funds for his personal residence, for his person use, to repay other investors, or to convert into cash.

The 22 promissory notes signed by Mendenhall and issued to 19 individuals were dated between Sept. 28, 2007, and Aug. 24, 2010. The promissory notes total $1,044,644, according to the arrest affidavit.

Full Article and Source:
Denver Man Charged with Bilking Elderly Out of More Than $1 Million

Lawyer/Guardian Cleared in Negligence Case

An attorney who was accused of negligence in the guardianship of an 83-year-old woman by the woman's family has been cleared of all allegations by a jury.

A daughter of Nannie McIntosh, Isabella Bennington had filed the civil suit against Tresa Gossett, a Bethel, Ohio attorney who serves as solicitor for the village of Aberdeen, Ohio. The civil case was unrelated to any duties Gossett has with the village.

Bennington alleged in her civil case that Gossett was not only negligent, but had converted some of her mother's property. She filed the suit in August, 2009.

Gossett filed a counter-complaint that the family was abusing a judicial process.

The case went to trial Monday, with Bennington's attorney, James Banks, outlining several specific accusations in his opening statement. Among those accusations, that Gossett did not permit McIntosh's daughters to visit her in the nursing homes where she spent the last several months of her life, that she failed to set up a payment arrangement for McIntosh's supplemental insurance, resulting in its cancellation and that items went missing from the home for which Gossett, as guardian, would have been responsible.

Gossett's attorney, Rick Weil, countered those claims in his opening statements mostly through the use of a time line beginning with a police report of a theft of $36,000 in January, 2007, long before Gossett knew the family. He also played a 911 recording in which one sister accused another of abusing their mother and described other calls placed by McIntosh in which she said she needed assistance with her medication and asked the dispatchers if they would like to buy a quilt.

Those 911 calls prompted protective services to become involved. Weil said probate court recommended an attorney as guardian because the family couldn't agree on a guardian.

Weil said Gossett had more than two decades experience as an attorney and no prior complaints of anything unethical. He described her as the "go-to" person for the court when there is need of a guardian.

Full Article and Source:
Lawyer Cleared in Negligence Case

See Also:
OH: Family Files Suit Against Guardian

Guardians Gone Wild? State Sanctioned Thievery at its Sickest

Sometimes there are people who need the help of others; people whose lives, for whatever reason, get turned upside down by mental illness, age, health issues, or even life altering situations. For these people, those who are left without family, friends, or anyone willing to care for them responsibly, the state should get involved. Or, at least, that's how it should work according to our current system.

Oftentimes these days the state involves itself much earlier under the auspices of caring for people, even those who still have a responsible support network.

Oregon is not untouched by this rampant pilfering of incapacitated peoples' assets.

A case that has the potential of becoming such a story is that of Carolyn Rousseau, from Grants Pass, Oregon. Rousseau was deemed mentally ill by Jackson County, Oregon, Circuit Judge Daniel Harris on November 5, 2008. According to court documents, Harris placed her on a 180-day commitment hold, and Ms. Rousseau effectively became a ward of the state. Soon thereafter the court appointed Nancy Doty, a professional guardian with a reported case-load of over 100 clients, as Carolyn's guardian and conservator. Not only could Doty make decisions on Carolyn's well being, but she could make financial decisions regarding Carolyn's personal property. Doty was given complete control and the 180-day hold has turned into 731 days as of this writing and most of this time has been spent away from the city that Carolyn calls home. Her friends, who believe Carolyn to be much improved, while still needing some sort of care, have been denied access to her. The foster home in Portland, Oregon, where Carolyn now resides won't even allow Carolyn to receive phone calls from most of them, reportedly on the orders of Nancy Doty.

Full Article and Source:
Guardians Gone Wild? State Sanctioned Thievery at its Sickest

Laurie Roberts: Six Months Later

Six months ago today [11/13/10], we learned that the probate judge who approved the draining of an elderly widow's life savings quietly sent an advance copy of her ruling to select attorneys – the ones who wound up with much of the old lady's money.

The revelation called into question whether Marie Long got a fair hearing in probate court. It even seemed to startle the legal community, which so often likes to wax on about high-minded concepts, things like fairness and impartiality. So much so, in fact, they are the first words you'll read in the Arizona Code of Judicial Conduct. “An independent, fair and impartial judiciary,” it says, “is indispensable to our system of justice.”

Given that, you can imagine what has happened over the last six months. But first, some background, lest you've been living in a cave. Marie Long was worth $1.3 million when she suffered a stroke and came under the protection of Maricopa County's probate court in 2005. Now, the 89 year old is flat broke, relying on taxpayers for support.

In March, Commissioner Lindsay Ellis ruled that attorneys and fiduciaries were justified in helping themselves to $800,000 from Marie's trust. In her 21-page ruling, Ellis railed against Marie's sisters and her lawyers, saying their “hateful and unsubstantiated” attacks challenging the six-figure bills forced the fiduciaries and lawyers to defend themselves.

With Marie's money, naturally.

Full Article and Source:
Six Months Later: The (Non-Existing) Fallout From Ethics Lapse in Probate Court

GA: Court Employee Keeps Job Despite Arrest Record

Channel 2 Action News has learned that a DeKalb County Probate Court employee has been arrested at least four times, but she remains on the job.

According to DeKalb County policy, an employee could be terminated for that, but probate employees are exempt from the policy.

Channel 2 Action News investigative reporter Jodie Fleischer went through records and learned that Jewel Margene Hendrix has been arrested twice for stealing and twice for drugs -- yet she continues to work inside the DeKalb County courthouse.

Fleischer also tracked down the judge who oversees that division to ask her why Hendrix is still on the job as a probate technician.

The probate office handles things like wills, execution of estates and guardianships.

Fleischer found that Hendrix has been arrested at least four times. The first was in Gwinnett County in 2008 when she was picked up at a Target store for shoplifting. Court records show the solicitor dropped the charges in March of 2009 after Hendrix completed a pre-trial diversion program.

The solicitor told Channel 2 that she never knew Hendrix was re-arrested just five days earlier in DeKalb County. Hendrix pleaded guilty to shoplifting from a Macy’s store. She entered DeKalb County drug court.

Then earlier this year, she was arrested twice for violating the drug court contract by using drugs.

Late Tuesday afternoon, the judge's office issued a statement, which read in part: "We are aware that she (Hendrix) was involved in a legal situation. As such, she was put on administrative leave without pay. Subsequently, the matter was diverted to a rehabilitation program, she is being monitored closely, and her performance thus far is satisfactory."

Full Article and Source:
Court Employee Keeps Job Despite Arrest Record

Facility Kept Dying Judge Phillips Hostage, Lawsuit Claims

A Park Slope nursing home has been slapped with new charges that it held a frail Brooklyn judge prisoner by blocking his mail and visitors.

The allegations are the latest twist in a case launched this year by the family of Judge John Phillips against Prospect Park Residence - where Phillips lived for eight months until he died at age 83 in 2008.

"The whole thing was surreal," said John O'Hara, a lawyer for Phillips' family and also a longtime friend. "It looked like a nice place, but it was a death house."

Court papers filed Wednesday said nursing home officials misled Phillips' family and attorneys about the services they could provide for the diabetic ex-judge.

O'Hara "recently discovered that [Prospect Park Residence] was not in fact an assisted-living facility as they claimed to be," the lawsuit charged.

Phillips allegedly didn't get diabetic meals and regular insulin shots, which caused his health to plummet.

"Judge Phillips was confined against his will for approximately eight months by the defendants at their facility ... denying [him] proper medical care," the suit charged.

Full Article and Source:
Nursing Home Kept Dying Judge John Phillips Hostage in 'Death House,' Lawsuit Claims

See Also:
Judge John L. Phillips - Justice Has Not Been Served

Family of 'Kung Fu Judge' John Phillips Sues Nursing Home Over Death, Allege Missed Insulin Shots

FL: Lawyer Who Billed State for More Than 24 Hour Days Won't be Disciplined

A Florida Bar grievance committee has dismissed a complaint against a court-appointed criminal defense lawyer accused of billing the state for more than 24 hours on 41 different days.

The committee noted that Jacksonville lawyer David Taylor had the support of several judges who had approved his bills over the state’s objection, the Florida Times-Union reports. Taylor told the Times-Union that 35 of the days for which he billed more than 24 hours included work done on other days. On six days, he said, his bills included work done by other lawyers he had hired.

The committee concluded it had no probable cause to discipline Taylor, but said his conduct was “not consistent with the high standards of our profession.”

Source:
Lawyer Who Filled Florida for More Than 24 House in a Day Won't be Disciplined