Tennessee Judge rules Public Guardian has no immunity

MaryGSykes.com

http://www.tennessean.com/story/news/crime/2014/06/30/judge-rules-public-guardian-immune-lawsuit/11807381/

A circuit court judge has ruled that a Hendersonville woman placed in a conservatorship without her knowledge can sue Davidson’s former public guardian for not acting in her best interests.

In an 8-page ruling, Judge Hamilton Gayden ruled that former Public Guardian Jeanan Stuart is not immune to a suit charging that she failed to fulfill her duties.

Gayden had previously ruled that Ginger Franklin, the Hendersonville woman, could not sue based on allegations that Stuart mishandled her financial affairs. But late last week, he found that Franklin could sue for the personal toll Stuart’s handling of her affairs had taken.

That includes “mental anguish” and other damages.

This means that if this case is adopted in Illinois the OPG will undoubtedly be the subject of numerous lawsuits for cases they have been involved in.

This case is obviously a first step in the right direction.  Why should the…

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