Tennessee Judge rules Public Guardian has no immunity


A circuit court judge has ruled that a Hendersonville woman placed in a conservatorship without her knowledge can sue Davidson’s former public guardian for not acting in her best interests.

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.

This means that if this case is adopted in Illinois the OPG will undoubtedly be the subject of numerous lawsuits for cases they have been involved in.

This case is obviously a first step in the right direction.  Why should the Public Guardians have immunity when private parties do not.  What special privileges should they have when charging estates $250 per hour or more for attorneys fees and why should they be acting and preferred in the court system when there are already private attorneys who can competitively bid to take on these cases?

Public Guardians should not be immune from suit.  Period.  Far too many cases in Illinois have run amok without jurisdiction, massive tied in vendor and attorneys fees and no place to complain.  Tim Evans does nothing about complaints in guardianships, other than toss them in the circular file.  There is no oversight board, and no probate attorney or vendor is rated, publishes their price to family members and often family members cannot choose and both attorneys for the ward and vendors are tied in and are not rated.

Time to end all of this nonsense.  This hot mess of an attorney, public guardian, unrated vendors and tie ins with tie ins has to end in Illinois.

Mary G. Sykes was narcotized to death on May 23, 2015, as have other seniors been killed off in probate when the money ran out. Alice Gore lost 29 gold teeth and had a feeding tube inserted laced with drugs when she took too long to eat and the nursing home just wanted to plunk a tray in front of her and pick it up 15 minutes later.  The nursing homes charge the US govt and family members $5,000 to $15,000 per month for care services and provide one caretaker for 10 patients. That’s far too low a ratio.  Nursing home routinely pay kickbacks to those forcing them to live there against their will.  The system must end.  Lawyers must be able to file suit to protect their human and civil rights.

And this blog, Mr. Larkin and Grogin, must be protected by the First Amendment.  Your actions in prosecuting myself and Mr. Lanre Amu and Mr. Ken Ditkowsky are utterly reprehensible and a scourge on the history of US democracy.

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