Probate Court Employee Alleges Negligence

A former probate court employee filed a lawsuit against the Denver Probate Court on the grounds that it was not protecting individuals from abuse. In particular, she alleged that vulnerable adults, such as elderly or mentally impaired individuals who are unable to fully attend to their own affairs, were not being given the attention they needed so they weren’t taken advantage of. In addition to allegations that she had been wrongly dismissed and mistreated by superiors after the death of her son, she said that she knew of cases of abuse and mismanagement. A local paper followed up on several such cases. In one instance it was found that the guardian of a mentally incapacitated woman was billing for time spent walking with her and reading to her. In another case a guardian and his girlfriend were charging all sorts of travel expenses—totaling over $80,000—to his ward. If you have concerns about guardianship, power of attorney, elder law or a probate matter, speak to a Grand Junction estate planning attorney as soon as possible.

When should a guardianship be arranged?

A guardianship should be set up in any case involving an elderly adult that has lost cognitive ability to the point where he or she cannot manage their own affairs, where there is an adult that has suffered an accident or illness resulting in severe brain injury or in the case of a child under the age of 18 that is not living with one or both parents. The individual in need of a legal guardian is called the “ward” and the Probate Division of the District Court has jurisdiction in the appointment of a guardian. The guardian is responsible for the basic care of the ward—food and board, medical care, etc.—and will be held accountable for any negligence or fraud they commit against their charge.

Guardianship Lawyer in Grand Junction

If you wish to become the guardian of an individual or have another legal matter concerning guardianship that requires the help of an attorney, don’t hesitate to give us a call at the James A. Littlepage Law Offices. We have successfully provided representation to clients in a variety of guardianship cases and we may be able to do the same for you!

Contact a Grand Junction guardianship attorney on our dedicated legal team today. Make sure you have someone you can trust looking out for your best interests and wishes.