Category: Probate Court

A probate court is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In some jurisdictions, such courts may be referred to as Orphans’ Courts or courts of ordinary

Announcing the Guardianship Shield Program

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Guardianship abuse has reached the level of a national epidemic. Those whose family members have been abused by a guardian quickly find that there is often no legal redress. The Guardianship Shield program is designed to activate a national network of human rights members who will take constructive action to protect the vulnerable person. The Guardianship Shield is a proactive, grassroots program which issues human rights alerts concerning individuals at risk for problematic or coercive guardianship practices. These alerts go out to all the GS members and to human rights groups. The GS members agree to contact the parties and institutions involved in initiating the actions in question and advise these parties of their concerns. The GS members also agree to contact local media in an effort to raise public awareness of specific incidents of guardianship abuse. The issues that the Shield program addresses : 1) removal of protected person from home 2) Isolation of protected person 3) Efforts to sell home without permission of protected person 4) Attempts to legally restrain concerned family and friends 5) Efforts by guardian to remove family/friends as Power of Health Care 6) Efforts by guardian to withhold necessary medical care from protected person How it Works: If a family or friend is at risk for the above, the Shield member will contact the Shield Coordinator and ask for a public human rights alert to be issued. The Shield Coordinator will evaluate the request and then may issue the alert to all the Shield members and also to other human rights groups. By adding your name to the Shield Program, you are stating that you will take action on the behalf of others in the Shield Program. While we cannot guarantee the results in… Read More

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9th Circuit Finds Judge’s Comments About Perceived Disability of Disney Heir ‘Troubling’ but Protected by Judicial Immunity

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9th Circuit Finds Judge’s Comments About Perceived Disability of Disney Heir ‘Troubling’ but Protected by Judicial Immunity In a lawsuit against Los Angeles County Superior Court, the Ninth Circuit found that a judge’s comment about his reluctance to allow Walt Disney’s grandson to collect a multimillion-dollar inheritance because of a genetic disorder might be inaccurate and inappropriate but it is still protected under judicial immunity. A federal appellate court ruled judicial immunity protects a state court judge who said he was reluctant to hand over a multimillion-dollar fortune to Walt Disney’s grandson because he could have Down syndrome. The ruling comes as probate courts face national scrutiny amid Britney Spears’ legal battle to appoint her own attorney and end her 13-year conservatorship. According to an opinion Thursday from the U.S. Court of Appeals for the Ninth Circuit, Disney heir Bradford Lund “has languished in perhaps the Unhappiest Place on Earth: probate court.” Trustees have withheld Lund’s inheritance distributions under a provision in the trust agreement that allowed them to hold back the funds if Lund lacks maturity or financial acumen. Lund sued Los Angeles County Superior Court Judge David Cowan, as well as the state court, after Cowan said during a settlement hearing, “Do I want to give 200 million dollars, effectively, to someone who may suffer, on some level, from Down syndrome? The answer is no.” The judge then rejected the proposed settlement and appointed a guardian ad litem over Lund without a hearing, according to Thursday’s opinion. Cowan also issued an order striking a statement from Lund that objected to the judge and sought his disqualification. Lund argued the appointment of the guardian without notice or a hearing violated his due process rights and that Cowan’s comment violated… Read More

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