The Deadman’s Rule

Courtesy of Judge Bonnie Sudderth; It is said that dead men tell no tales. But in Texas, sometimes they do. It all depends on whether the Dead Man’s Rule applies. Although reference to the Dead Man’s Statute is still fairly common in legal practice, the former Article 3716 Dead Man’s Statute, which was enacted in the 1870’s was actually repealed by the Texas Legislature in the early 1980’s. The current law is found in Texas Rules of Evidence 601(b), and is now called the Dead Man’s Rule: “Dead Man Rule” in Civil Actions: In civil actions by or against executors, administrators, […]

Deception of “Protection” in Guardianship!!

Ginger Franklin was just shy of her 50th birthday when she fell down the stairs of her Nashville-area townhouse in 2008. A marketing representative for Sam’s Club, she was taken to the hospital with a severe brain injury. Doctors weren’t sure if she would survive.   Since Franklin had not designated anyone to make decisions for her if she became incapacitated, and with no immediate family, her aunt was advised to petition the court for a guardian. The guardian, a lawyer appointed by the county, placed her in a group home for seriously mentally ill adults. But Franklin was not […]

Abuse plagues system of court appointed guardians $$$$

  Courtesy of Arian Campo-Flores at and Ashby Jones at at the Wall Street Journal Court-appointed guardians controlled much of 74-year-old Linda McDowell’s life for 30 months. A judge ended the guardianship in 2014, and she now lives in her mobile home with her dog, Sam, much of her savings gone. Court-appointed guardians controlled much of 74-year-old Linda McDowell’s life for 30 months. A judge ended the guardianship in 2014, and she now lives in her mobile home with her dog, Sam, much of her savings gone. One day in March 2012, 71-year-old Linda McDowell received a knock at the […]

Champion for the Elderly!

MARIE-THERESE CONNOLLY is using the prosecutorial skill she honed fighting nursing home fraud to add dimensions to the public’s awareness of the widespread problem of elder abuse, including highlighting the costs to society of financial, physical and psychological mistreatment of older adults. “Elder abuse is ubiquitous,” Ms. Connolly, 54, a former Justice Department prosecutor, said. “But we are not connecting the dots and realizing that the economic costs are high. Few people realize the huge implications for Medicare, Medicaid and family programs.” She has been working — writing federal legislation, testifying and prosecuting cases — for years, but a grant […]

Guardianship Abuse – Protectors continue to fail seniors with horrific victimization

Here’s what you can do now to avoid becoming a victim later. Ann Brenoff If you are elderly and haven’t legally arranged for someone to take care of things for you should you become incapacitated, a state court can give a total stranger complete control over your life savings, your home and even which medicines you are given. It’s a system that has led to a cottage industry of paid professional guardians managing the affairs of our elderly ― a role traditionally performed by a spouse, adult children or other close relatives or friends. And sadly it has often been […]

Guardianship Solution? Don’t talk to Strangers

    What was the one thing you remember being told as a child to keep you safe from those who would seek to harm you? Don’t talk to strangers!  Yes, that needs to be our need AD CAMPAIGN for the ELDERLY!  IF FAMILIES ARE INVOLVED THEY CAN WATCH OVER THEIR PARENTS AND GRANDPARENTS and tell them how to stay safe. this one is very simple! DO NOT TALK TO STRANGERS. DO NOT LET THEM KNOW ANYTHING ABOUT YOURSELF BECAUSE THERE ARE PSYCHOPATHS SCOUTING HOSPITALS AND LONELY ELDERLY LOOKING FOR A DOOR IN. ONCE THEY FIND IT, YOU’RE DONE. DON’T […]

The Estates Code is Unconstitutional unless you prefer to be chattel

As the Senate decides whether to grant wards of the State of Texas due process rights–crumbs off of the master’s table–I sit disgusted that these men and women are our leaders, wondering how we managed to elect such reprobate “non-representing” representatives. I am also beside myself contemplating how grossly incompetent the lawyers must be to draft legislation so clearly illegal, it’s not worth the paper it is written on. Does anyone know the Constitution, Bill of Rights, or even the meaning of the word “inalienable?” Inalienable means non-transferrable, yet Judge Guy Herman, Chief ProbateJudge of Texas, will tell you that […]

Better off dead? Hospice kills and not always compassionately

I read a very frightening article that matched the scenario I just endured in probate court with death number 3, as the Judge denied my Temporary Restraining Order asking him to make the guardian, a trust lawyer named Michele Goldigger, from blocking my clients’ access to their mother, including access to records, information and medical providers to ask questions. Goldigger refused to cooperate and the Judge refused to sign my order, allowing her to continue to block my two registered nurse clients, with over 30 years of experience in psychiatric and geriatric medicine and intimate knowledge of their mother’s healthcare […]

The police state’s ability to rob imprison and kill you – no more

Courtesy of Elaine Renoire of NASGA: PICTURE THIS: A knock on the door – the police are there to forcibly take you from your home – in handcuffs if you protest! You don’t know why; you’re not a criminal! By the time you find out what’s going on, you’re no longer in control of your life. >That – and more – happened to NASGA member Danny Tate, a young and vibrant musician/composer in his ‘50s.\1/ When he was finally served with a notice to come to court on a later date, he had no control over his assets, could not […]

Reprobate in Probate?

  When I first was aghast at the sewage of snakes I found myself in, it was like a bad dream or the most terrifying surreal John Grisham book I have ever imagined. I have never had to watch anyone die as I begged and made a “well established record of throwing myself on the mercy of the court” (the AAL who condemned a woman to death said 9 days before as I begged through 3 TROS, injunctions, 3 motions to remove the guardian and 3 motions for jury trial that were ignored) as I watched just that. And then […]

Hoodwinked in the House of Representatives!

  What happens when the rule of law increasingly bows to the whims and violations of unaccountable public officials? Lawlessness in every branch and a system of law that caters to the elite, not the people. Our system of law is slowly being eroded by those at the top levels of our government in every branch to such egregious degrees that the law is not law anymore. Form takes precedence over substance. The appearance of legitimacy is all we have in guardianship anymore–unless you’re in a county without a “guardianship program.” I have personally witnessed the stark contrast in crime […]