Reader Gets Crash Course Guardianship/Conservadorship 101

Seminole,Florida. USA by Angela

The irregular hearing in front of Judge Nancy Alley, Juvenile Justice Center, Seminole County, will take place on Monday, May 5, 2008 at the Juvenile Justice Center in Sanford Florida, 190 Bush Blvd. I hope all of you will be there. You were right. They found 3 people to declare my mother as a total basket case. Her memory really has actually declined in the past month--drastically.

I wonder what they did to her in the Palm Gardens nursing home to make this occur. Also, she tried to get out of the bed and into her wheel chair and she fell onto the floor. The committee of three interviewed her all at once on April 24, 2008 and together and wrote up one short report stating that she did not know her room number at Palm Gardens or the address of Palm Gardens nursing home, where she has been stuck for one month after they snagged her from the hospital. They said she couldn't remember three words after a few short minutes.

You would think the report would be much longer after one and one half hours of visiting with her. Also, aren't there supposed to be at least three reports? And wasn't it illegal for all three of them to interview her all at once? Do let me know.

Also, I thought you might like to read the "report to court' that I mailed off yesterday.

I hope to meet all of you and that somehow some justice can be rendered.

Sincerely,

Angela
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Dear Angela;

Welcome as our latest player to what experienced attorneys refer to as the "Guardianship Game." Yes it is customary for the panel to interview your mother at once.

In an ideal world the judges picks a guardian from a "Probate Wheel" this to avoid favorites, in the real world , this is a very closely knit group, who sometimes 'happen to share offices with one another.

But this is not the scary part , the scary part is that these hearings are held under " Emergency Hearings" which are Ex-parte, which in legalese means 'Top Secret" thus giving the family member no time to research the guardian qualifications, which in most cases since they are attorneys, are exempt from having any guardian qualifications, due to allegations that they already 'know the law'.

Although according to State statues an emergency guardianship is only for 90 days, this is rarely the case in actuality.

Technically the officer of the court is supposed to show the court that the "Ward" is in imminent danger, but a simple unproven allegation from anyone is often more than sufficient to prove imminent danger and cause the court to appoint a complete stranger who then has the power at anytime to come and take your mother to a nursing home, medicated her and have her under strict instructions NOT to be allowed to be seen by her "Trashy, Troublemaking" family. This as having been reported by many our readers in Florida.

In the case of in Brake v. Murphy, 736 So.2d 745 in which the Supreme court if Florida regarding our friend William Hayes in (Fla. 3d I)CA 1999), tells us , wherein the Third District, in reversing an order awarding attorney's fees, states "probate court has become repugnant to a great many citizens because of the perceived delay in administration and disposition of the estate. Moreover, citizens are frightened by what they perceive to be sharing of the estate with an attorney."

"The case at hand in which Vivian Hayes (76) was incarcerated for five (5) months for speaking to her sister contrary to a court order, and for failing to produce bank documents within 5 days, exemplifies the fright perceived by citizens of this State, when the court takes extreme positions and measures as has occurred in these proceedings."

IN THE SUPREME COURT OF FLORIDA FSC CASE NO. SCO5-675 3DCA CASE NO. 04-985 L.T. CASE NO. 03-2125 GD WILLIAM F. HAYES, J R., ET AL. vs. IN RE: THE GUARDIANSHIP OF MAE THOMPSON, etc