Saturday, August 8, 2009

Appeals Court Sides With Octomom

An appeals court has sided with octuplets' mother Nadya Suleman in her legal battle with a former child star over whether Suleman's 14 children should have an independent guardian to protect their finances.

The 4th District Court of Appeal stayed a lower court ruling siding with former Disney Mouseketeer Paul Petersen, who had taken Suleman to court over the issue. Last month, an Orange County judge agreed to appoint a guardian to examine the finances of the children.

Petersen, who is now an advocate for children in the entertainment industry, had alleged that video shot of Suleman's children violates a law aimed at protecting child entertainers from overwork. The suit seeks to create an independent trust for the children. Suleman said there was no need for a guardian.

Full Article and Source:
Octuplets' mother wins child labor case on appeal

More information:
Appeals court overturns Suleman octuplets guardian

See also:
Guardianship - Nadya Suleman

Booted From Marine Corps

At age 8, Josh Fry was diagnosed with autism.

When Fry turned 18 in 2006, he was deemed unable to make major decisions for himself by the California courts. The federal government approved his disability and made Social Security payments to help provide for his care.

But in 2008, no one blinked when a Marine recruiter picked up Fry from a group home for mentally ill adults and took him to the Costa Mesa recruiting substation. Nine days later, Fry was standing on the yellow footprints.

On July 20, 2009 — after 18 months in the Corps, 12 of them confined in the brig — Pvt. Josh Fry was court-martialed for fraudulent enlistment, unauthorized absence and possession of child pornography. He was sentenced to time served plus three years probation, tossed from the Corps with a bad-conduct discharge and ordered to register as a sex offender.

Left unexplained in the whole mess, however, is how a man such as Fry could be recruited into the Marine Corps in the first place, make it through boot camp and get sent on to infantry training during war time.

Full Article and Source:
Autistic Marine booted from the Corps

See also:
Marine Recruiter Ignores Conservatorship

Ruling in Favor of Brando Trust

The State of California Court of Appeal has ruled in favor of the Brando Trust and decided against an appeal made by plaintiff Deborah Brando (nee Presley) who petitioned to revoke the decision of the probate May 2007 court orders upholding Avra Douglas, Larry Dressler and Mike Medavoy as co-executors of the Brando Estate.

The Court of Appeal decision represents the third failed attempt by the Plaintiff to challenge the will and reopen the estate.

The Court of Appeal's decision affirms the probate judgment on two grounds: (1) The petitioner does not have standing to challenge the will; and (2) her attempt to challenge the will is untimely. The Court of Appeal awarded Douglas, Medavoy and Dressler their costs on appeal.

The Court of Appeal's decision affirms that Plaintiff's attempt to disturb the closed estate of Marlon Brando was improper as a matter of law. The opinion also confirms that Plaintiff has no interest in the Estate of Marlon Brando and that her attack on the closed estate is untimely.

Full Article and Source:
Brando Trust Wins Victory in State of California Court of Appeal

See also:
The Brando Wills

Friday, August 7, 2009

Widow Granted Guardianship

The widow of former Tennessee Titans quarterback Steve McNair has been granted the right to act as guardian for her children's inheritance.

In a hearing held inside a judge's chambers on Wednesday, Mechelle McNair was granted guardianship of her two children, 5-year-old Trenton and 10-year-old Tyler.

She already has been appointed the administrator of her husband's estate, and a judge gave her 60 days to complete an inventory of her husband's assets. He didn't leave a will.

Full Article and Source:
Steve McNair's widow named guardian

More information:
Steve McNair Dead

Agent: McNair Had Unsigned Wills

Steve McNair's estate not an issue for family, agent says

Steve McNair foundation's future is uncertain

McNair's wife to oversee estate

CPS and Legalized Kidnapping

The suffering endured by Africans who were kidnapped from their native land and brought to America as slaves is sometimes referred to as the Black holocaust, which some say ended years ago but, that is not the case according to parents who have had their children taken from them by the Denver Department of Human Service (DDHS) or the Adams County Social Service Department (ACSSD). Jo Nash-Conner’s son Quentin, 10, currently resides at Mount St. Vincents Children’s Home (MSVCH), a facility which proclaims to provide programs and services to “help children with a wide range of emotional and behavioral problems.”

Nash-Conner, however, has not found the center to be helpful and instead has been disallowed from visiting her son and has not seen him since February. The mother’s horror story began just over a year ago and is outlined in a typed statement entitled “A Declaration and A Desperate Mother’s Cry for Justice.”

She said: “My 10-year-old son was kidnapped by the Child Protective Services (CPS) Department of DDHS on March 20, 2008.”

Full Article and Source:
Child Protective Services & the Business of 'Legalized Kidnapping'

Seniors Defend Medicare

One of the largest spending cuts Congress could rely on to pay for an overhaul of the nation's health care system comes from a Medicare program President Obama has called a "wasteful" subsidy for the health insurance industry.

Debate over Medicare Advantage, which has 10.2 million enrollees — about one-fifth of all Medicare participants — illustrates a broader struggle Congress and Obama face as they look for ways to pay for a $1 trillion overhaul of health care without raising taxes on the middle class or compromising care.

It has raised concerns among some seniors who might have to pay more for the program or enroll in regular Medicare instead.

A Gallup Poll found only 20% of Americans over 65 say an overhaul will improve their health care — the lowest showing of three age groups.

Full Article and Source:
Seniors defend Medicare plan Obama calls 'wasteful'

More information:
Seniors Most Skeptical of Healthcare Reform

Thursday, August 6, 2009

Judge Closes His Courtroom

The double murder trial of Frank Garcia begins today, and it’s sure to generate high interest in the community.

But key information is being kept from the public. On Monday, an Ontario County judge closed his courtroom for part of a pretrial hearing.

The closure in this case, along with the sealing of records in the Max M. Farash guardianship case, fly in the face of the U.S. Constitution, which guarantees open trial procedures. Citizens need to know how justice is being meted out.

Garcia’s lawyer, David Morabito, asked Judge Craig Doran to close the courtroom during a discussion of specific acts in Garcia’s past he could be questioned about, should he decide to testify. Doran agreed.

In the Farash guardianship case which involves personal wealth of up to $500 million, public access is being denied. Many files in that case remain sealed from the public, despite the fact that Supreme Court Judge John Ark recently rendered a ruling. Appropriate files, such as an accounting of money spent by the guardian, should be made public.

Full Article and Source:
Judge erred in closing courtroom in Garcia double-murder hearing

Online Adult Abuse Registry

Delaware residents who need a caregiver for their elderly loved ones now have an easier way to check up on a potential hire.

The state has activated an online Adult Abuse Registry that anyone can access to learn whether a caregiver has been investigated by the Department of Health and Social Services for a complaint of abuse, neglect or financial exploitation of the elderly.

The registry has existed for years, but not on the Internet. Previously, anyone making a request to check a name would have to do so in writing and wait for weeks to get the results. With the online registry, the results are instantaneous.

House Majority Whip Valerie J. Longhurst: "I hope this gives people the peace of mind that they can get information and access it quickly."

Longhurst sponsored House Bill 165, which created the online registry and requires health care providers, nursing homes and similar facilities to use it before making a hire. The bill -- championed by AARP of Delaware -- passed the House and Senate unanimously and was signed by Gov. Jack Markell on June 30.

Full Article and Source:
Registry offers instant access to elder care complaints

A Will and A Way




See also:
Katherine Jackson Granted Permanent Guardianship

Katherine Jackson Withdraws Petition