Friday, September 21, 2012

Witnesses' tales reveal flaws in TN's conservatorship law

Several witnesses who said their rights and property were wrongly taken away in court proceedings joined a retired Wilson County judge on Thursday in calling for changes in the way conservatorships are granted and monitored in Tennessee.

Retired General Sessions Judge Haywood Barry told a Tennessee Bar Association panel that more monitoring is needed for those involved in conservatorships.

“You need some sort of training,” he said, referring to lawyers appointed by the courts to act as fact finders in conservatorship cases.

“The law is in pretty good shape. It’s a matter of getting the judges to go along,” Barry said, adding that monitoring needs to be independent. “You need someone from outside the system,” he said, “then I think they’ll pay attention.”

Thursday’s hearing was the first of four to be held across the state by a bar association panel that plans to make recommendations to the General Assembly, which is considering a series of reforms proposed by state Rep. Gary Odom, a Nashville Democrat.

Tennessee law allows a judge to appoint a conservator to have control over another person’s health care or finances when that person is judged to be incapable of making decisions for him- or herself.

Barry’s testimony followed that of several witnesses, including Jewell Tinnon of Nashville and songwriter Danny Tate, who testified that conservatorships had wrongly stripped them of all their possessions. Both were released from conservatorships after they obtained medical exams to prove their mental capacity.

Full Article and Source:

Witnesses' tales reveal flaws in TN's conservatorship law

9 comments:

Anonymous said...

Woooooooooooooooohoooooooooooooooooooo!

Sylvia Rudek said...

TRAINING?

The same old remedy we've heard this ineffective suggestion for years it's time to step up and get serious, the harm to the conserved is wrong and unacceptable and in my opinion it's criminal.

Those who are disregarding the TN state statutes know exactly what they are doing and that includes Judge Randy Kennedy. “You need some sort of training,” he said, referring to lawyers appointed by the courts to act as fact finders in conservatorship cases.

The law is NOT in 'pretty good shape'. For example: How can a temporary conservatorship case drag on and on for 2 1/2 years or longer since no one is able to show when, the date, Danny Tate's TEMPORARY CONSERVATORSHIP actually ended.

ISSUE: TN law has no language related to an expiration date on temporary conservatorships. Why?

“The law is in pretty good shape. It’s a matter of getting the judges to go along,” Barry said, adding that monitoring needs to be independent. “You need someone from outside the system,” he said, “then I think they’ll pay attention.”.

Volunteers?

Who will monitor the judges from 'outside the system'?

Thelma said...

A layman's review of Kennedy corruption in the Tate case:
"Impeachment is not good enough"
http://nasga-stopguardianabuse.blogspot.com/2010/11/impeachment-is-not-good-enough.html

Norma said...

Good job,Danny and Mrs. Tinnon!

Steve said...

More monitoring? What?

Monitoring? Does TN think the courts are monitoring?

Donna said...

Wonder what Judge Kennedy was thinking when almost the entire event was about him????

Anonymous said...

Kennedy doesn't think and he doesn't care he's so protected well that is until someone in power has the authority to hold him responsible for his actions and inactions. Praying that day is coming.

honeybear said...

It's a matter of getting the judges to go along? Pardon me? Aren't judges duty bound to follow the law, Judge Barry?

NASGA is working toward reform, how about working with us?

Corey said...

Perhaps Judge Haywood Barry has been in a cave for a while. Training lawyers? Training them to do what? Stop stealing??

Well, I'm just not sure Michael Hoskins, Paul Housch and Jeanan Stuart can be trained not to overbill.