Articles Posted in Guardianship

An interesting case has just come down from the 6th circuit court of appeals where by a black man attempted to tie the know with his ward who was an elderly white lady. Marreon Gene Starks, an African american man,  who was a 53 year old guardian of Beatrice P., a 53 year old, caucasian lady.

Their were numerous allegations of race and age discrimination hurled at the Santa Clara Judge Thomas Cane in 2014. The son of Beatrice P sought to have the conservatorship removed and the conservator removed whose name was Stephen P. Now in 2017 Starks the guardian of Beatrice P claims his due process rights were violated. His marriage was nullified.  He claims it was nullified based age and race discrimination. Beatrice P. , the 83 year old was barred from testifying in Court.  An annulled marriage basically voids a marriage and places the parties back to where they were before they entered into a marriage.  Thus a party will have not spousal support rights nor property rights to the other spouses property.

At the 2012 nullity proceeding an Alzheimer expert testified on behalf of the Beatrice P and declared that she was “cognitively incapacitated” and she was unable to make informed decisions.  Thus her mental health was completely diminished and she was not able to really ascertain what was going on in her life. This is very important to the nullity proceedings that were in place at the time.  Because in order to nullify a marriage you need to prove at trial one of the grounds of nullification.  One of the grounds is if a party to the marriage can be proven to be of unsound mind. Clearly in this case a medical doctor, Dr. Jonathan Canick, an expert testified to Beatrice P.’s unsound mind.

This case has stirred controversy with custody and guardianship laws across the world as a couple and the parents of a baby child.  Other relatives and friends are seeking the guardianship of the young child of Mack and the father Tommy Schaefer.  A Guardianship may be the only answer to the childs future as Heather Mack the mother and Schaefer will face multiple years in prison for the murder of Sheila von Wiese-Mack.  They allegedly murdered Heather Mack’s mother and stuffed her in a suitcase.  The murder took place in Bali.  It has shocked the world that such a heinous crime was performed by the Daughter upon her own mother.

It seems that the Paternal grandmother is seeking guardianship of the minor child and has filed such papers in the United States. Heather Macks stories regarding the guilt of her Husband Tommy have changed since she previously stated on youtube that Tommy was innocent.  However, a jury in Indonesia found him guilty of Murder regardless of Heathers statements.  The boyfriend Tommy stated that he was using self defense to protect Heather from her mother.  he used a Metal fruit bowl to hit the mother Sheila in the head.

The Bali courts convicted the couple back in 2015 of premeditated murder of Sheila.  Heather got 10 years in prison and her boyfriend Tommy Schaefer got 18 years in prison.  During the trial for Murder Heather had a baby which is at issue of the guardianship in Chicago now. Heather wanted to kill her mother on her own.  Her boyfriend could not find a hit man so that plan failed.  Therefore Heather concocted another plan to kill her mother.  She asserted that her mother killed her father so she wanted revenge.

Legal drama continues to swirl around the family members whom Paul Walker left behind.

Despite an agreement reached out of court, a court commissioner today refused to dismiss the guardianship case concerning Walker’s 15-year-old daughter, Meadow. Her grandmother–Walker’s mom Cheryl Ann–had petitioned to be appointed her legal guardian, arguing that she should be the one who takes primary care of the teen and the $16 million estate left to her by her dad.

“It is up to the court to decide whether guardianship case should be granted or denied,” Commissioner David Cowan ruled Wednesday. He appointed an attorney for Meadow and ordered an investigation, the findings of which will be heard at the next hearing, scheduled for May 28.

In a prior guardianship post, I discussed the instances in which a temporary guardianship may be appropriate.

The court may grant a petition for a temporary guardian only when good cause is shown. Prob Code section 2250(b). Good cause may be found in the following instances:

1. The minor needs immediate medical treatment because of illness or accident, or must be enrolled in school; both parents are dead, absent, incarcerated or incapacitated; and a relative caregiver’s affidavit under Family Code section 6550 is not an option.

Brooke Mueller and Charlie Sheen’s twins have been involved in a litigious custody battle for a while now. Denise Richards was granted guardianship over the boys. However, as of late, Richards apparently wrote a letter to the Department of Child and Family Services informing them that she could not longer care for the twin boys. Richards alleges that the boys are violent, have been hurting her animals and her daughters. Richards is no longer serving as guardianship of the twin boys.

A probate court Judge just ruled that in light of these recent events, Brooke Mueller’s brother, Scott has now been awarded guardianship of the boys. Scott apparently lives with Brooke. So, now, Brooke indirectly has custody of the boys.

Needless to say, this ruling has made the twins’ father, Charlie Sheen upset. He has been tweeting (and violating a gag order) about his unhappiness about the order.

A court’s appointment of a guardian of a person or estate, or both, lasts until the minor’s18th birthday. Prob C section 1600(a). Guardianship appointments automatically terminate when the minor reaches 18 years of age. Guardianship of the person also terminates automatically on the adoption or emancipation (including marriage) of the minor. Prob. C section 1600(b); Fam C section 7002. Until the minor’s 18th birthday, the court retains jurisdiction over the minor.

When does guardianship terminate?

The guardianship may be terminated when good cause is shown that the guardianship is no longer in the minor’s best interest (e.g. when the assets of the estate have been expended, the minor’s parents are in a position to regain custody of their child, or the minor becomes emancipated, marries or dies). Prob C section 1601.

Will Debbie Rowe become guardian of her biological daughter Paris Jackson? Debbie Rowe as her daughter’s guardian is a real possibility today given the recent suicide attempt of the teen reports TMZ on June 10, 2013.

Apparently while Rowe has never attempted a guardianship of Paris, she is ready and willing to take over that role. Paris lives with her grandmother Katherine Jackson and shares joint custody with TJ Jackson, but TJ has a family of his own and lives a distance away from the house, so he’s far from being there full-time.

At Paris’s age the guardianship will hinge greatly on what she wants and sources say living with her biological mother is a very real possibility for the teen. Recently Paris has struck up an “intense relationship” with her mother, Debbie. After the suicide attempt of the teen last week, sources say Paris was crying out for help as she feels lost, she’s not very “connected” with her grandmother.

In a prior guardianship post, I discussed the instances in which a temporary guardianship may be appropriate.

The court may grant a petition for a temporary guardian only when good cause is shown. Prob Code section 2250(b). Good cause may be found in the following instances:

1. The minor needs immediate medical treatment because of illness or accident, or must be enrolled in school; both parents are dead, absent, incarcerated or incapacitated; and a relative caregiver’s affidavit under Family Code section 6550 is not an option.

Not only can an Orange County divorce attorney assist you in your divorce, paternity, child custody, child visitation, domestic violence or annulment issue, but we also assist in guardianship matters.

Generally speaking, the following four scenarios is when a party would consider filing for an Orange County guardianship:

1) Orphans: Orphans or situations in which the biological parents cannot be found would be a grounds to seek guardianship. In this scenario, petitions for guardianship are filed by members of each parent’s family.

The daughter of the gunman who killed two women at the New Castle County Courthouse is seeking legal guardianship of her three nieces.

The girls’ mother, 39-year-old Christine Belford, was shot to death in the lobby of the courthouse Feb. 11 by her former father-in-law, Thomas Matusiewicz of Edcouch, Texas.

That day, Belford was on her way to attend a child-support hearing opposite ex-husband David, with whom she had three daughters. Matusiewicz also killed Belford’s friend, Laura “Beth” Mulford, before taking his own life.

Amy Gonzalez of Edinburg, Texas, wants to take responsibility for her three nieces, ages 7 to 10. Gonzalez is the younger sister of David Matusiewicz and the only aunt to his three daughters, who are in foster care.

The Delaware Division of Family Services is opposing Gonzalez’s petition, saying she isn’t related to the children and, thus, doesn’t meet requirements for permanent guardianship under Delaware law, according to court records.

Family members usually receive preference when the courts are considering the permanent guardianship of minors in foster care. However, the state is grounding its argument in a Family Court order that, in 2011, terminated the parental rights of the girls’ father, David.

That order followed David’s 2009 conviction on charges that he kidnapped of his three daughters to Central America for a year and a half with the help of his mother, Lenore Matusiewicz. Both David and Lenore served prison time — Lenore following her conviction on three counts of endangering the welfare of a child.

The day after the February courthouse shooting, a Delaware judge issued a no-contact order against Lenore, now 67, directing her to stay at least 1,000 feet away from her three granddaughters and to have no “direct or indirect” contact with them. David has been in federal custody since the shooting, currently serving a six-month sentence for violating his probation.

When a mother or father loses parental rights to a child, that loss extends to the status of the parent’s blood relatives for the purposes of preference in family court proceedings, said Jason Miller of the state Attorney General’s Office.
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