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.
"Thus, the court holds that Stuart is not entitled to absolute judicial immunity for the alleged actions (or inactions) in this case," Gayden wrote.
Franklin filed suit last year charging that, while under Stuart's control, she lost all of her possessions and was forced to work for no wages in a group home where Stuart had placed her.
Gayden concluded that Franklin could not contest the financial losses but can pursue claims that Stuart failed to act in her best interests by failing to investigate the living conditions at the group home where she placed Franklin..
Citing a prior ruling, Gayden said the precedent "stands for the principle that failure to act in the best interest of the ward is actionable."
He cited Franklin's claims that she was "abused in various ways, including being forced into slave labor."
Franklin already has won a ruling over the operators of the group home but she said she has yet to collect the $23,050 awarded by a Sumner County judge, who ruled Franklin had been abused durung her stay at Salim Homes.
Stuart resigned last year on the same day that Probate Judge David Randy Kennedy announced he would not appoint her to any more conservatorships because of questions over her billing practices as first reported by the Tennessean. Her position has remained unfilled.
Reach Walter F. Roche Jr at 615-259-8086
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.
"Thus, the court holds that Stuart is not entitled to absolute judicial immunity for the alleged actions (or inactions) in this case," Gayden wrote.
Franklin filed suit last year charging that, while under Stuart's control, she lost all of her possessions and was forced to work for no wages in a group home where Stuart had placed her.
Gayden concluded that Franklin could not contest the financial losses but can pursue claims that Stuart failed to act in her best interests by failing to investigate the living conditions at the group home where she placed Franklin..
Citing a prior ruling, Gayden said the precedent "stands for the principle that failure to act in the best interest of the ward is actionable."
He cited Franklin's claims that she was "abused in various ways, including being forced into slave labor."
Franklin already has won a ruling over the operators of the group home but she said she has yet to collect the $23,050 awarded by a Sumner County judge, who ruled Franklin had been abused durung her stay at Salim Homes.
Stuart resigned last year on the same day that Probate Judge David Randy Kennedy announced he would not appoint her to any more conservatorships because of questions over her billing practices as first reported by the Tennessean. Her position has remained unfilled.
Reach Walter F. Roche Jr at 615-259-8086
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