Archive for October, 2008

>New Law: No Need for Court

October 31, 2008

>

Effective July 1, the Care of a Grandchild Act allows a parent, without a court’s approval, to delegate the care of a child to a grandparent or great-grandparent in the event of hardship such as illness, active military duty, natural disaster or incarceration.

The new law is designed to assist families to transfer custody when necessary without the expense or involvement of the court system.

However, the new law has created potential problems for Dougherty County’s school attendance policy. With the notarized form, the “agent grandparent” consequently may enroll the child in a public school serving the area where the grandparent resides.

Board Attorney Tommy Coleman: “The law runs counter to what the Dougherty County School Board has been trying to do.”

Changes in the system’s student assignment policy made in 2006 require students to remain at a single school through the school year, with a few exceptions, even if a family moves to a new address.

The new law requires parents to certify that the transfer of care to a grandparent is not solely for the purpose of sending the child to another school, but Coleman said some parents have been known to “take advantage” of the system.

Dougherty Probate Judge Nancy Stephenson: “Thought the new law might impact the number of temporary guardianship papers issued by her office”, but it hasn’t.

Requests for temporary guardianships have declined since the school board’s 2006 policy revision made them invalid for the purpose of determining student residency.

Full Article and Source:
School law creates kinks

More on the Care of a Grandchild Act:
SB 88 – Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances

GENERAL ASSEMBLY OF GEORGIA: the “Care of a Grandchild Act”

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New Law: No Need for Court

October 31, 2008
Effective July 1, the Care of a Grandchild Act allows a parent, without a court’s approval, to delegate the care of a child to a grandparent or great-grandparent in the event of hardship such as illness, active military duty, natural disaster or incarceration.

The new law is designed to assist families to transfer custody when necessary without the expense or involvement of the court system.

However, the new law has created potential problems for Dougherty County’s school attendance policy. With the notarized form, the “agent grandparent” consequently may enroll the child in a public school serving the area where the grandparent resides.

Board Attorney Tommy Coleman: “The law runs counter to what the Dougherty County School Board has been trying to do.”

Changes in the system’s student assignment policy made in 2006 require students to remain at a single school through the school year, with a few exceptions, even if a family moves to a new address.

The new law requires parents to certify that the transfer of care to a grandparent is not solely for the purpose of sending the child to another school, but Coleman said some parents have been known to “take advantage” of the system.

Dougherty Probate Judge Nancy Stephenson: “Thought the new law might impact the number of temporary guardianship papers issued by her office”, but it hasn’t.

Requests for temporary guardianships have declined since the school board’s 2006 policy revision made them invalid for the purpose of determining student residency.

Full Article and Source:
School law creates kinks

More on the Care of a Grandchild Act:
SB 88 – Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances

GENERAL ASSEMBLY OF GEORGIA: the “Care of a Grandchild Act”

>Others Feel Victimized

October 31, 2008

>

Attorney General Troy King said it would be “inappropriate” to comment on any further investigation his office may or may not be conducting into the estate in which former Covington County Probate Judge Sherrie Phillips was convicted of two counts of theft, or into any other estates she might have handled.

But he did acknowledge that his office has heard from a number of people who felt they or their families were wronged by Phillips’ actions as judge.

Troy King: “We’ve heard from a number of them already, If there is anybody else who feels they need to make a complaint, they can call our office.” “I’ve talked to three or four myself, They aren’t vindicated by this. Other people also feel they were victimized.”

King said the attorney general’s office would ultimately request of anyone with a complaint to put that complaint in writing and provide whatever documents there are.

Full Article and Source:
Attorney General: Others report probate problems

See also:
Probate Judge Convicted

“My commitment to the people of Covington County and citizens throughout Alabama is that, as their Attorney General, I will prosecute those who break the law and betray the public trust, and that I will take action to preserve the integrity of our government. Today, we make good on that pledge”
Source:
Former Covington County Judge Convicted on Ethics and Theft Charges

State of Alabama Attorney General’s Office
http://www.ago.state.al.us/

500 Dexter Avenue · Montgomery, AL 36130

Others Feel Victimized

October 31, 2008
Attorney General Troy King said it would be “inappropriate” to comment on any further investigation his office may or may not be conducting into the estate in which former Covington County Probate Judge Sherrie Phillips was convicted of two counts of theft, or into any other estates she might have handled.

But he did acknowledge that his office has heard from a number of people who felt they or their families were wronged by Phillips’ actions as judge.

Troy King: “We’ve heard from a number of them already, If there is anybody else who feels they need to make a complaint, they can call our office.” “I’ve talked to three or four myself, They aren’t vindicated by this. Other people also feel they were victimized.”

King said the attorney general’s office would ultimately request of anyone with a complaint to put that complaint in writing and provide whatever documents there are.

Full Article and Source:
Attorney General: Others report probate problems

See also:
Probate Judge Convicted

“My commitment to the people of Covington County and citizens throughout Alabama is that, as their Attorney General, I will prosecute those who break the law and betray the public trust, and that I will take action to preserve the integrity of our government. Today, we make good on that pledge”
Source:
Former Covington County Judge Convicted on Ethics and Theft Charges

State of Alabama Attorney General’s Office
http://www.ago.state.al.us/

500 Dexter Avenue · Montgomery, AL 36130

>Public Guardian in Control

October 30, 2008

>

The two sons and wife of prominent local businessman Larry Shehadey have agreed to let Fresno County’s Public Guardian be his permanent conservator, a decision that “avoids a potentially ugly court battle” over his care.

101 year old Shehadey built Producers Dairy into one of Fresno’s most successful businesses. Family members have said he suffers from dementia.

Last year, the Public Guardian began an investigation of June Lattanzio, who is Shehadey’s wife. The county agency alleged that Lattanzio isolated Shehadey from friends and family and even threatened to move him out of the country. The Public Guardian sought successfully to become his temporary conservator. He was moved out of the home he shared with Lattanzio, and the agency took responsibility for his daily care.

Not long afterward, Lattanzio and Shehadey’s two sons filed competing court briefs seeking to gain control of Shehadey’s life by becoming his permanent conservator.

A court trial on the matter was set for earlier this month, but papers filed in Fresno County Superior Court showed the matter was resolved before the trial started.

Full Article and Source:
Shehadey conservatorship resolved

More on Fresno County Public Guardian:

Terri Schindler Schiavo Foundation is the organization that helped Janet Rivera’s family find legal counsel after the Fresno County Public Guardian’s office refused to give her food and water. Rivera went about eleven days off life support and it wasn’t until the family asked CBS47 for help and they began an investigation, that the county put back her feeding tube.
Source:
Schiavo Foundation: “It’s a Wake-up Call”

Rivera’s husband was recently replaced as her public guardian, after he experienced medical problems. The appointed Fresno County Public Guardian decided that because she is unlikely to recover, Rivera’s fluids and food would be removed. This decision was against the wishes of the Rivera family and Janet’s husband.
Source:
California Public Guardian Attempts to Dehydrate Woman to Death over Wishes of Family

After a hearing in the Fresno County Superior Court, the family of patient Janet Rivera was reinstated as her conservator. The Court ruled that Ms. Rivera’s cousin temporarily replaces the public guardian who made the decision to deprive Ms. Rivera of food and water.
Source:
Court protects California woman from Schiavo-like death by dehydration…

See also:
Saved from Government Sanctioned Starvation

Public Guardian in Control

October 30, 2008
The two sons and wife of prominent local businessman Larry Shehadey have agreed to let Fresno County’s Public Guardian be his permanent conservator, a decision that “avoids a potentially ugly court battle” over his care.

101 year old Shehadey built Producers Dairy into one of Fresno’s most successful businesses. Family members have said he suffers from dementia.

Last year, the Public Guardian began an investigation of June Lattanzio, who is Shehadey’s wife. The county agency alleged that Lattanzio isolated Shehadey from friends and family and even threatened to move him out of the country. The Public Guardian sought successfully to become his temporary conservator. He was moved out of the home he shared with Lattanzio, and the agency took responsibility for his daily care.

Not long afterward, Lattanzio and Shehadey’s two sons filed competing court briefs seeking to gain control of Shehadey’s life by becoming his permanent conservator.

A court trial on the matter was set for earlier this month, but papers filed in Fresno County Superior Court showed the matter was resolved before the trial started.

Full Article and Source:
Shehadey conservatorship resolved

More on Fresno County Public Guardian:

Terri Schindler Schiavo Foundation is the organization that helped Janet Rivera’s family find legal counsel after the Fresno County Public Guardian’s office refused to give her food and water. Rivera went about eleven days off life support and it wasn’t until the family asked CBS47 for help and they began an investigation, that the county put back her feeding tube.
Source:
Schiavo Foundation: “It’s a Wake-up Call”

Rivera’s husband was recently replaced as her public guardian, after he experienced medical problems. The appointed Fresno County Public Guardian decided that because she is unlikely to recover, Rivera’s fluids and food would be removed. This decision was against the wishes of the Rivera family and Janet’s husband.
Source:
California Public Guardian Attempts to Dehydrate Woman to Death over Wishes of Family

After a hearing in the Fresno County Superior Court, the family of patient Janet Rivera was reinstated as her conservator. The Court ruled that Ms. Rivera’s cousin temporarily replaces the public guardian who made the decision to deprive Ms. Rivera of food and water.
Source:
Court protects California woman from Schiavo-like death by dehydration…

See also:
Saved from Government Sanctioned Starvation

>Probate Judge Convicted

October 30, 2008

>

A jury has convicted former Covington County Probate Judge Sherrie Phillips on ethics and theft charges. The jury issued the verdict after a 3-day trial.

Phillips was accused of taking a $1.8 million check from an estate and putting the money into a personal account while she was probate judge.

Attorney General Troy King: “The conviction sends a strong message that no one is above the law.”

Source:
Jury convicts former Covington Co. probate judge

More information:
Former Covington County Judge Convicted on Ethics and Theft Charges

Verdict reached in Phillips theft, ethics violations case

See also:
Judge on Trial

Probate Judge Convicted

October 30, 2008
A jury has convicted former Covington County Probate Judge Sherrie Phillips on ethics and theft charges. The jury issued the verdict after a 3-day trial.

Phillips was accused of taking a $1.8 million check from an estate and putting the money into a personal account while she was probate judge.

Attorney General Troy King: “The conviction sends a strong message that no one is above the law.”

Source:
Jury convicts former Covington Co. probate judge

More information:
Former Covington County Judge Convicted on Ethics and Theft Charges

Verdict reached in Phillips theft, ethics violations case

See also:
Judge on Trial

>Guardianship Battle Begins

October 29, 2008

>

Heather Lavers suffered a cardiac arrest. Doctors say she has been in a persistent vegetative state ever since and likely will never come out of it.

That medical prognosis has begun a chain of events that, like the infamous Terri Schiavo case, will pit a husband against his wife’s family and potentially reignite the national debate over who decides whether a seemingly hopeless patient lives or dies.

Heather was at Tampa General Hospital for about a week before her sister, Heidi Kaczala, persuaded Robert to move his wife to The Toledo Hospital in Ohio. She would get better care at the Level 1 trauma facility, Robert recalled his sister-in-law, a nurse there, saying. He was desperate and agreed Kaczala could serve as her sister’s temporary health surrogate.

Soon after, Robert learned Kaczala planned to seek full guardianship of her sister, which would include the right to decide whether to continue medical treatment. He contacted a lawyer and was told that even though he was Heather’s spouse and had natural guardianship, to be safe he needed to make a similar request in Florida. He also needed to be present at a separate hearing in Ohio, where his sister-in-law had filed her request.

Patricia Kaczala said her son-in-law isn’t capable of caring for Heather – not the kind of long-term care Heather will need. Robert is disabled and unemployed.

A Toledo judge is expected to appoint a legal guardian to speak on Heather Lavers’ behalf. Her sister in Ohio is asking the court to grant her decision-making power over all medical care for Heather. Robert Lavers says his sister-in-law considers his wife brain-dead and would eventually “pull the plug.”

Robert and his wife previously discussed the issue and agreed on one thing: “Only God can stop your heart.”

Full Article and Source:
Guardianship Battle Begins In Schiavo-Like Case

See also:
Ill woman at Toledo Hospital is subject of custody hearing –
Man fighting to keep wife on life support

Guardianship Battle Begins

October 29, 2008
Heather Lavers suffered a cardiac arrest. Doctors say she has been in a persistent vegetative state ever since and likely will never come out of it.

That medical prognosis has begun a chain of events that, like the infamous Terri Schiavo case, will pit a husband against his wife’s family and potentially reignite the national debate over who decides whether a seemingly hopeless patient lives or dies.

Heather was at Tampa General Hospital for about a week before her sister, Heidi Kaczala, persuaded Robert to move his wife to The Toledo Hospital in Ohio. She would get better care at the Level 1 trauma facility, Robert recalled his sister-in-law, a nurse there, saying. He was desperate and agreed Kaczala could serve as her sister’s temporary health surrogate.

Soon after, Robert learned Kaczala planned to seek full guardianship of her sister, which would include the right to decide whether to continue medical treatment. He contacted a lawyer and was told that even though he was Heather’s spouse and had natural guardianship, to be safe he needed to make a similar request in Florida. He also needed to be present at a separate hearing in Ohio, where his sister-in-law had filed her request.

Patricia Kaczala said her son-in-law isn’t capable of caring for Heather – not the kind of long-term care Heather will need. Robert is disabled and unemployed.

A Toledo judge is expected to appoint a legal guardian to speak on Heather Lavers’ behalf. Her sister in Ohio is asking the court to grant her decision-making power over all medical care for Heather. Robert Lavers says his sister-in-law considers his wife brain-dead and would eventually “pull the plug.”

Robert and his wife previously discussed the issue and agreed on one thing: “Only God can stop your heart.”

Full Article and Source:
Guardianship Battle Begins In Schiavo-Like Case

See also:
Ill woman at Toledo Hospital is subject of custody hearing –
Man fighting to keep wife on life support