Special Committee on Conservatorship Practice and Procedure

This special committee was created in 2012 by TBA President Jackie Dixon to study Conservatorship Practice and Procedure in Tennessee.

Chair
West Tennessee Legal Services
PO Box 2066
Jackson, TN 38302
(731)426-1316

Former Public Guardian not Liable for Losses of Ward

Davidson County Circuit Judge Hamilton V. Gayden Jr. has thrown out part of a suit filed against a former public guardian who was removed from her post following multiple questions about her billing practices, the Tennessean reports. The ruling means that former Davidson County public guardian Jeanan Stuart is not liable for losses sustained by Ginger Franklin while Stuart was acting as Franklin’s conservator. Franklin, who lost her condo, car and all her belongings during the conservatorship, said she could not understand the decision. “Everything I owned was gone,” she said. “It just doesn’t make sense.” Gayden said in his letter to attorney Michael Hoskins that he had not yet decided whether to reject a separate claim by Franklin relating to Stuart’s placement of Franklin in a group home, where Franklin has charged she was put to work taking care of other residents.

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Conservator Argues for ‘Absolute Judicial Immunity’

Ginger Franklin, who testified at one of the TBA’s hearings on conservatorship abuses last fall, has sued her former court-appointed conservator Jeanan Stuart, WSMV reports. The court appointed Stuart after Franklin suffered a brain injury in 2008. After Franklin recovered, she found Stuart had allowed her condo to go into foreclosure, liquidated the contents of her home and allowed her car to be towed and sold at auction. In 2010, Franklin won a two-year fight to free herself from the conservatorship. Now, she is suing Stuart in civil court for damages. Stuart's attorney, Bill Hubbard, argued during a motion hearing that Stuart should not be held liable, arguing she has immunity because she was working under the court's direction. "Conservators are entitled to absolute judicial immunity," Hubbard told Circuit Court Judge Hamilton Gayden.

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