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Recent Posts by LegalGuardian

 

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Nov 22, 2013
Male user LegalGuardian 8 posts

Topic: Letter of The Law / Internal Training and Education

@ RJ — you are correct in that the CO’s are out of the loop. However, this does not mean that they should not be trained on the duties and authority of Guardians. Many times CO’s have tried to demand and even harass my ward to sign conduct violation reports they issue to him because they are not trained and educated about my duties and authority. It does not matter that signing such is not an admission of guilt to the allegation made, and many of which I have gotten dismissed and expunged, as it is that it is a legal document. Moreover, there have been times my ward has been written up by CO’s for doing exactly what I told him to do involving his medical and his mental health care and treatment.

@ Irish — Spare me the rhetoric because a traffic stop is nowhere close to what I am discussing here, as it is a matter of state and federal law, and not some lame dictionary definition, that defines what is to occur and what actions those in government may and may not take against someone.

 
Nov 22, 2013
Male user LegalGuardian 8 posts

Topic: Letter of The Law / Internal Training and Education

First, using a dictionary to define the term “ward” is a joke. The term ward is defined by state law, for example, Mo. Rev. Stat. Sec 475.010(22) holds “Ward”, a minor or an incapacitated person for whom a guardian, limited guardian, or standby guardian has been appointed."

Second, while an inmate has to have permission from prison personnel to move about the prison, that is NOT giving consent to medical or mental health personnel to treat. You clearly overreach your authority to equate one with the other when it is not the same. Prison personnel do not sign the consent to treat form that must be signed every time medical treatment – no matter what is done – is provided to the inmate.

Third, yes, before an inmate who has a guardian can be treated by medical and mental health personnel, the guardian’s consent must be obtained from medical and mental health personnel. Every time my ward needs treatment I am contacted by phone or email and asked for permission for my ward to be treated. I in turn issue an email giving consent to treat or denying consent. If I deny consent, medical and mental health personnel cannot legally provide treatment to my ward – if they do it is involuntary treatment and thus, a criminal act.

Likewise, I am also included in any disciplinary hearings involving my ward because I am his dully-appointed legal guardian with the authority to make decisions and the mandate to protect him and his rights. My ward is prohibited by law from signing legal documents because he is adjudicated to be totally incapacitated and totally disabled without exception, and that includes signing any and all administrative forms that prisons use, e.g. conduct violation forms, disciplinary forms, and all types of grievances forms.

My original question in posting this thread was to ascertain what, if any, training correctional officers receive about the duties and authority of guardians. Your responses not only show you do not receive any training and education, but that as a result you take adversarial roles against even the notion that someone on the outside, e.g. a guardian, has legal authority to direct what happens inside prison involving their ward

It is one thing to be uneducated about such, but clearly your positions are one of not wanting to even try to be educated – for you immediately reject anything that says you do not have the ultimate supreme authority over an inmate.

As a Guardian, I am legally entitled to file suit against any prison guard and official for and on behalf of my ward, see Federal Rules of Civil Procedure Rule 17, just as I am legally entitled to and have the legal duty to make decisions about my wards prison conditions, medical care and treatment, and mental health care and treatment.

So, as I previously wrote – it is plainly evident that none of you are properly trained and educated about the duties and authority of dully-appointed guardians, and the numerous state and federal laws that come into play such as, but not limited to 42 U.S.C. Sec 12203(b), which makes it a violation of federal law, e.g. the Americans with Disabilities Act, to interfere with me discharging my duties and exercising my authority for and on behalf of my ward in his prison conditions, and his medical and mental health treatment.

Before you posture yourself in the adversarial roles you have, try educating yourself first.

 
Nov 21, 2013
Male user LegalGuardian 8 posts

Topic: Letter of The Law / Internal Training and Education

I realize that each of you are trained to believe one thing, but I assure you and there is case laws that proves you are incorrect about your belief that inmates are “wards of the state” because they are in prison, as they are not “wards” at all.

The term “ward” is a legal title that is only and can only be given to an incapacitated or disabled person by a probate court of law, when the person is incapable by reason of a disability or age (in cases of minors) to provide for themselves.

Every prisoner, unless ordered by a probate court of law, has the legal right to make his or her own medical, mental health, and financial decisions in prison. Every time they file a medical service request they are signing a statement giving their consent to treat and every time they sign a mental health treatment plan, they are signing a statement that they give consent to treat.

You guys are completely misusing the term “ward” to mean something it does not mean because it is a legal title that is codified in state law. Yes, the inmate is in the care, control, and custody of the State by and through the Dept of Corrections, but they are NOT a ward of the state – the criminal court has ZERO legal authority to issue such orders as to make the inmate a ward of the state.

I also assure you that every state has a state law that requires prison personnel to abide by the legal authority of Guardian’s of any inmate (regardless of their age) housing in any state prison. This state law falls under the Interstate Compact laws, for example in Missouri it is Section 217.535 at Article IV in paragraph (i) which holds:

“[T]he parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.”

So, please stop telling me how inmates are wards of the state because they ARE NOT WARDS, they are prisoners and there is a HUGE difference between the two. If they were wards, they would loose all civil rights to give their own consent for medical and mental health treatment and to make decisions about their financial matters.

When was the last time that you know of that a prisoner had to have the consent of a prison guard, case manager, or ward, to go to sick call, to receive dental services, to receive medications, or to be treated by a mental health worker? Moreover, when was the last time you know of that a court dismissed a prisoner civil rights lawsuit on the basis that a prison official had to file the lawsuit for and on behalf of the prisoner because the prisoner was a ward of the state? NEVER, that’s when.

As the guardian of my ward, who is in prison, only I can file lawsuits on his behalf and only I can give consent for him to receive medical, mental health, and dental services, care, and treatment, and only I can sign prison forms for and on his behalf.

Clearly none of you are actually trained about the duties and the authority of Guardian’s under state and federal statutory laws and court rules.

 
Sep 21, 2013
Male user LegalGuardian 8 posts

Topic: Letter of The Law / Internal Training and Education

No, actually it’s the law

 
Sep 20, 2013
Male user LegalGuardian 8 posts

Topic: Letter of The Law / Internal Training and Education

First, as I pointed out in my opening . . . I am not a correctional officer. I am rather, an officer of the Court who is appointed as Guardian of an adult inmate, so I know what I speak about here.

The authority of a guardian inside prisons is rooted in statutory and case laws, so no, I am not wrong in what I say. Again, it is very obvious that no training is provided – that is not to say any of you are stupid because you are not, but it is to say that prison officials are not training CO’s as they should be doing.

So, before you go attacking me and purporting that I am wrong, which I am not wrong, try doing some research. Examine your DOC regulations, your State laws, and court rulings – read the contracts that prison contract providers operate under to provide medical and mental health treatment. Educate yourself

 
Sep 20, 2013
Male user LegalGuardian 8 posts

Topic: Letter of The Law / Internal Training and Education

From what I am seeing it is apparent that training is not provided to correctional officers working in State prisons, at least not by what I am seeing in the responses given and the lack of anyone coming forward to say otherwise.

In response to the reply below. It is a myth that inmates are wards of the State, because a criminal court simply does not have the legal authority to appoint an individual to be a ward of the State and incarceration does not equate to guardianship.

The term “ward” is a legal term that can only be given by a probate court, and occurs only when the person is given a Guardian. It is a conflict of interest for a State correctional department to be the Guardian of one whom it imprisons because the State cannot serve two masters, e.g the criminal court and the probate court.

Every inmate, unless they have a Guardian, has the legal right to make his or her own medical and mental health treatment decisions, to manage their only inmate accounts, and to decide whether to pursue any internal grievance procedure and process.

An inmate who has a Guardian does not have these civil rights. That inmate must rely upon his or her legal Guardian making these decisions for them, in accordance with the laws governing guardianship’s in the state for which the guardianship was enacted.

In terms of my ward, no prison official has the legal authority to make any of these decisions for me nor for my ward, except by order of the probate court that granted the guardianship or where there is a bone fide life – death emergency and there is no time to call me to obtain consent to treat.

Any prison official who would make such decisions is liable to both me and my ward in civil suit and they have no immunity from being sued. It would not only constitute involuntary treatment, but can also rise to being prisoner abuse and physical assault depending on what treatment is given.

I think it is unfortunate that correctional officers are not provided the necessary and proper training they need to understand that adult inmates who have a legal guardian fall under a very specific set of laws that no other inmates does – which is needed to insure that the inmate with a guardian has equal access to prison services, programs and activities.

 
Sep 19, 2013
Male user LegalGuardian 8 posts

Topic: Letter of The Law / Internal Training and Education

Actually, mental illness is not the only reason a person requires a legal Guardian, as such is based not on the specific type of disability they have, but rather whether they are substantially impaired in one or more of the six major life activities. As such, a person can need a legal Guardian because he or she has mental, developmental, neurological, brain, learning, or physical disabilities that prevent him or her from being able to provide for themself, protect their own interests, care for themself, or insure they are in a safe environment.

 
Sep 18, 2013
Male user LegalGuardian 8 posts

Topic: Letter of The Law / Internal Training and Education

First, let me say that I do not work in any prison, but rather, I am a dully appointed legal Guardian of an offender in prison.

I am curious as to what training, education, and supervision exists for correctional officers in what to do and not do when an adult inmate has a legal Guardian.

In every state that has an Interstate Compact Agreement to accept inmates from another state, a provision exists that requires those working for and in a prison system to abide by the duties and powers of a Guardian based on the laws where the inmate is transferred from.

However, what I have found is that there is no training, education, nor any supervision in what to do and not do when an adult inmate has a Guardian. Most commonly is the incorrect belief that a guardianship ceases to exist when and because the person is in a prison.

This is contrary to state laws under the Interstate Compact Agreements states use to accept out of state inmate transfers, as well as the 1st, 8th and 14th Amendment rights and liberties of inmates and their Guardians.

So what training, education, and supervision do you receive?




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