Posted: June 13th, 2017
Every clinic student handled a guardianship hearing in court. They reviewed medical records, interviewed witnesses and went to people’s homes, hospital rooms and nursing facilities. One family was in such conflict that the police had been called to a nursing facility. In one case, Elliott Harry sided with the county agency, Adult Protective Services. He told the court that his client, a brain-injured man, could no longer safely make his own decisions.
Nan Hu investigated the case of a man who had suffered a severe stroke and clearly needed a guardian to make decisions for him. Nevertheless, right before the court hearing, the nursing facility gave his relatives a power of attorney for him to sign. You might wonder whether this is proper! The court decided it was not and appointed the Public Guardian to manage the man’s assets. The clinic filed a complaint with the State Bar, asking it to determine if the facility committed unauthorized practice of law by recommending and providing the power of attorney.
Click here for full newsletter.