garyakirsch
Junior Member
What is the name of your state (only U.S. law)? ohio
BACKGROUND HISTORY
My wife, learning disabled, was the subject of a guardianship hearing in the early 1990's. The subsequent investigation and hearing found her to be competent, and the court recommended a conservatorship which was subsequently applied for and granted.
In 1995 my wife's daughter, then two yo, was taken into "temporary custody" by CSB. Custody was extended numerous times by requiring endless evaluations and case plans, with return of custody to mom in Dec 99 after a custody hearing.
In 1997 the first conservator resigned, and a new conservator was applied for. The application on file in probate court clearly states a conservator was requested for the person only, "to assist mother in making medical decisions for herself and daughter". There was neither investigation nor hearing regarding this appointment.
The "time stamped" copy of the conservator's letter of appointment had a typewritten addition, not separately time stamped or otherwise endorsed, that stated, "to make all medical, social, psychological, and visitation decisions" for the daughter. [note this is time stamped 1997 and the daughter is in CSB custody from 1995 until 1999]
The appointed conservator is an attorney and registered nurse, well known to the probate court. Indeed, the person involved also later became the guardian (of death) in a nationally reported case in which probate court attempted to have the guardian appointed specifically for the purpose of terminating life support of the baby against the will of the parents.
A review of the ORC confirmed for me that only a competent adult can apply for and receive a conservatorship and further confirmed that guardianship powers can only be granted subsequent to investigation and findings of incompetence at hearing.
WHY THE ABOVE HISTORY MATTERS
In 2000 the daughter underwent surgery. The surgery went terribly wrong resulting in emergency re-surgery to correct a failed surgical site with massive hemorrhage. Total hospitalization lasted 4 full months. Mother stayed, or rather attempted to stay, at daughters bedside.
As hospital staff (same hospital as the nationally reported case referenced above) became increasingly annoyed with mother, they recruited the conservator to "act as liason" to limit mother's visits. As mother resisted all attempts to limit her visits with near-death daughter, the conservator progressively informed staff she was only a conservator and little she could do, gradually changing to informing she "could go to probate court", and eventually declaring she went to court and now had full guardian powers.
THE CONSPIRACY, FRAUD, AND MISREPRESENTATION, BEGINS
Conservator began signing all hospital consent forms, at first as guardian, then conservator. CSB was following all along and declined to intervene with mother. {there is no record of her either going to court or obtaining any court-ordered powers whatsoever}. [we also have full documentation that CSB informed both conservator and hospital staff that CSB had no case and even doubted whether they should be involved in a supervisory capacity]
Apparently deciding that since CSB refused to restrict mothers visits, she "had to do what she had to do", Conservator absolutely forbid mother to visit, at first with instructions to security, then with multiple moves of daughter to distant facilities. Upon the child's subsequent recovery and CSB's refusal to intervene, conservator hatched a secret plan to have daughter sent to Florida, out of mother's reach, until CSB could be pressured to manufacture any excuse to plead with a magistrate for emergency temporary custody.
CSB made up some excuse, the magistrate granted temp custody, conservator argued secretly at "coordinated service team" meetings for permanent custody to CSB, and eventually testified as the key witness against mother twice at the eventual permanent custody hearing. Permanent custody to CSB was granted.
Conservator never told her conservatee what she was doing. We have a tape and transcript of conservator denying what she was secretly doing against mother's interests and assuring mother she was a good mother and everything would work out alright.
We have extensive documentation of all the above.
Of course none of the above information was ever heard or considered at the pc trial, the appeal, the 60b, the petition to the Ohio Supreme Court, or the application for writ of habeus corpus. The Bar complaint was dismissed with the argument that the conservator "thought" the court gave have the powers.
QUESTIONS TO THE LAWYERS ON THIS FORUM
1. Under ORC can probate court legally grant guardianship powers over the child via an application for conservatorship?
2. Did the conservator act legally and ethically?
3. Did Probate Court act legally and ethically?
3. If the answers for 1 and 2 and 3 are negative, can any action now be taken against either the judge or the conservator?
4. If the conservator knew or should have known that the court did not legally have the power to grant the powers of guardianship over the child, can she defend herself in an action by asserting that the court gave her the powers?
5. Can the judge rely on judicial immunity as a defense?
6. Can any proposed action survive a summary judgement?
7. Any legal theories on damages?
8. Any legal theories on actions?
9. What is pro bono? I'm broke after paying for all the appeals. I even wrote 98% of the legal briefs myself to save money.
10. Any way to emancipate daughter?
SIDEBAR
The daughter was placed with "Uncle Mike" in Florida and mother and daughter communicate by phone and text since Oct 08 and had an at home visit of one week this summer. Daughter desperately wants to move home with mommy and mommy desperately wants daughter back. However, mean Uncle Mike keeps taking away the phone every time he gets mad at daughter or mother prompting both to threaten suicide. Daughter's DOB 12-3-1993. It is hoped but by no means certain that they will be reunited when daughter turns 18 and graduates HS.
11. If actions are possible, which actions would you recommend?
12. Isn't the above enough?What is the name of your state (only U.S. law)?
BACKGROUND HISTORY
My wife, learning disabled, was the subject of a guardianship hearing in the early 1990's. The subsequent investigation and hearing found her to be competent, and the court recommended a conservatorship which was subsequently applied for and granted.
In 1995 my wife's daughter, then two yo, was taken into "temporary custody" by CSB. Custody was extended numerous times by requiring endless evaluations and case plans, with return of custody to mom in Dec 99 after a custody hearing.
In 1997 the first conservator resigned, and a new conservator was applied for. The application on file in probate court clearly states a conservator was requested for the person only, "to assist mother in making medical decisions for herself and daughter". There was neither investigation nor hearing regarding this appointment.
The "time stamped" copy of the conservator's letter of appointment had a typewritten addition, not separately time stamped or otherwise endorsed, that stated, "to make all medical, social, psychological, and visitation decisions" for the daughter. [note this is time stamped 1997 and the daughter is in CSB custody from 1995 until 1999]
The appointed conservator is an attorney and registered nurse, well known to the probate court. Indeed, the person involved also later became the guardian (of death) in a nationally reported case in which probate court attempted to have the guardian appointed specifically for the purpose of terminating life support of the baby against the will of the parents.
A review of the ORC confirmed for me that only a competent adult can apply for and receive a conservatorship and further confirmed that guardianship powers can only be granted subsequent to investigation and findings of incompetence at hearing.
WHY THE ABOVE HISTORY MATTERS
In 2000 the daughter underwent surgery. The surgery went terribly wrong resulting in emergency re-surgery to correct a failed surgical site with massive hemorrhage. Total hospitalization lasted 4 full months. Mother stayed, or rather attempted to stay, at daughters bedside.
As hospital staff (same hospital as the nationally reported case referenced above) became increasingly annoyed with mother, they recruited the conservator to "act as liason" to limit mother's visits. As mother resisted all attempts to limit her visits with near-death daughter, the conservator progressively informed staff she was only a conservator and little she could do, gradually changing to informing she "could go to probate court", and eventually declaring she went to court and now had full guardian powers.
THE CONSPIRACY, FRAUD, AND MISREPRESENTATION, BEGINS
Conservator began signing all hospital consent forms, at first as guardian, then conservator. CSB was following all along and declined to intervene with mother. {there is no record of her either going to court or obtaining any court-ordered powers whatsoever}. [we also have full documentation that CSB informed both conservator and hospital staff that CSB had no case and even doubted whether they should be involved in a supervisory capacity]
Apparently deciding that since CSB refused to restrict mothers visits, she "had to do what she had to do", Conservator absolutely forbid mother to visit, at first with instructions to security, then with multiple moves of daughter to distant facilities. Upon the child's subsequent recovery and CSB's refusal to intervene, conservator hatched a secret plan to have daughter sent to Florida, out of mother's reach, until CSB could be pressured to manufacture any excuse to plead with a magistrate for emergency temporary custody.
CSB made up some excuse, the magistrate granted temp custody, conservator argued secretly at "coordinated service team" meetings for permanent custody to CSB, and eventually testified as the key witness against mother twice at the eventual permanent custody hearing. Permanent custody to CSB was granted.
Conservator never told her conservatee what she was doing. We have a tape and transcript of conservator denying what she was secretly doing against mother's interests and assuring mother she was a good mother and everything would work out alright.
We have extensive documentation of all the above.
Of course none of the above information was ever heard or considered at the pc trial, the appeal, the 60b, the petition to the Ohio Supreme Court, or the application for writ of habeus corpus. The Bar complaint was dismissed with the argument that the conservator "thought" the court gave have the powers.
QUESTIONS TO THE LAWYERS ON THIS FORUM
1. Under ORC can probate court legally grant guardianship powers over the child via an application for conservatorship?
2. Did the conservator act legally and ethically?
3. Did Probate Court act legally and ethically?
3. If the answers for 1 and 2 and 3 are negative, can any action now be taken against either the judge or the conservator?
4. If the conservator knew or should have known that the court did not legally have the power to grant the powers of guardianship over the child, can she defend herself in an action by asserting that the court gave her the powers?
5. Can the judge rely on judicial immunity as a defense?
6. Can any proposed action survive a summary judgement?
7. Any legal theories on damages?
8. Any legal theories on actions?
9. What is pro bono? I'm broke after paying for all the appeals. I even wrote 98% of the legal briefs myself to save money.
10. Any way to emancipate daughter?
SIDEBAR
The daughter was placed with "Uncle Mike" in Florida and mother and daughter communicate by phone and text since Oct 08 and had an at home visit of one week this summer. Daughter desperately wants to move home with mommy and mommy desperately wants daughter back. However, mean Uncle Mike keeps taking away the phone every time he gets mad at daughter or mother prompting both to threaten suicide. Daughter's DOB 12-3-1993. It is hoped but by no means certain that they will be reunited when daughter turns 18 and graduates HS.
11. If actions are possible, which actions would you recommend?
12. Isn't the above enough?What is the name of your state (only U.S. law)?
