Attorney for Caylee?

[Gin]

I understand the rules, but I still wish Caylee had someone appointed as a guardian ad litem who would care for her, look out for her, and protect her, even if it turns out she's no longer with us.
I don't see anyone around that could fulfill this responsibility at this time. The state needs to find someone who will treat this child lovingly and respectfully.

I am still trying to get my brain around Casey living at home with dear ole mummy and daddy, vacationing at the attorney's office most days, and having the time of her life high fiving her bro. I'm thinking most of them are pretty busy these days. Let's find someone who puts an innocent 2 year old first.

 

[Patty G]

I understand the rules, but I still wish Caylee had someone appointed as a guardian ad litem who would care for her, look out for her, and protect her, even if it turns out she's no longer with us.
I don't see anyone around that could fulfill this responsibility at this time. The state needs to find someone who will treat this child lovingly and respectfully.

If Caylee is found alive the court, Children and Family Services will place Caylee somewhere until the court determines where Caylee should be placed. Until she is found alive, there isn't much anyone can do except look for her.

IMO, there are millions and millions of people across this vast nation that are treating Caylee with the most respect, prayers, love and support.

 

[Themis]

A prime example is when Anna Nicole past in Florida and the Florida court appointed a GAL for Dannilyn's best interest. Although she was not neglected or abused BUT Dannilyn was part of the court proceedings.

Just an example!

Two important differences: (1) The ANS case was a civil, probate case where the minor actually had a legal interest as a potential heir, whereas this a criminal case of People of the State of Florida vs. Casey Marie Anthony and Caylee does not have a legal interest except as a potential victim (a GAL is not appointed in the state's criminal action against a perpetrator); and (2) ANS's infant daughter was alive, whereas, in this case Caylee is probably not alive at this point and GALs are not appointed for deceased minors.

 

[Gin]

If Caylee is found alive the court, Children and Family Services will place Caylee somewhere until the court determines where Caylee should be placed. Until she is found alive, there isn't much anyone can do except look for her.

IMO, there are millions and millions of people across this vast nation that are treating Caylee with the most respect, prayers, love and support.

I agree with you Patty, that there are millions and millions of people who love and support Caylee.

My fear, though, is that should she be found she'll be pass over to a group "family?" that is up to their necks in defending the party girl who had no time for Caylee. I listened to the tapes. I formed my own opinion. This baby deserves better.

 

[Patty G]

Two important differences: (1) The ANS case was a civil, probate case where the minor actually had a legal interest as a potential heir, whereas this a criminal case of People of the State of Florida vs. Casey Marie Anthony and Caylee does not have a legal interest except as a potential victim (a GAL is not appointed in the state's criminal action against a perpetrator); and (2) ANS's infant daughter was alive, whereas, in this case Caylee is probably not alive at this point and GALs are not appointed for deceased minors.

Yes, I know the difference between the two and know that a child needs to be alive in order to have a GAL. I was just pointing out an example of a case where a child had a GAD in Florida.

 

[Themis]

Yes, I know the difference between the two and know that a child needs to be alive in order to have a GAL. I was just pointing out an example of a case where a child had a GAD in Florida.

I assumed you know this, Patty G, as you are a veteran here. Your statements were a good springboard for the information I posted for other posters who might not know. No offense.

 

[Blink34]

Two important differences: (1) The ANS case was a civil, probate case where the minor actually had a legal interest as a potential heir, whereas this a criminal case of People of the State of Florida vs. Casey Marie Anthony and Caylee does not have a legal interest except as a potential victim (a GAL is not appointed in the state's criminal action against a perpetrator); and (2) ANS's infant daughter was alive, whereas, in this case Caylee is probably not alive at this point and GALs are not appointed for deceased minors.

respectfully Themis, ( I think you and I have been to this dance bfore:blowkiss:
The burden is "without evidence of death" , not proven deceased, so imo, applies, at least in theory.. There is of course the element of known physical evidence which could shoot that in the pinky toe.

Secondly, I have learned there was a DCF filing PRIOR to 7/15 (dont bother asking for link, there is none, DCF will not give any "confirming info".. Which imo, could have necessitated the GAL..

 

[Themis]

respectfully Themis, ( I think you and I have been to this dance bfore:blowkiss:
The burden is "without evidence of death" , not proven deceased, so imo, applies, at least in theory.. There is of course the element of known physical evidence which could shoot that in the pinky toe.

Secondly, I have learned there was a DCF filing PRIOR to 7/15 (dont bother asking for link, there is none, DCF will not give any "confirming info".. Which imo, could have necessitated the GAL..

Different states might do the GAL standards differently. If we have had this dance before, I must have misunderstood your post. Sorry, Blink.

A pre-7/15/08 DCF filing? Interesting. News to me. Of course they can't confirm as that info is confidential. Interesting news though.

 

[MiraclesHappen]

I am going to respectfully disagree with the notion that there cannot be a GAL appointed for Caylee, in the event she is deceased.


If Casey is convicted and really even without a conviction, I'm pretty sure that the estate of the minor child, Caylee, can potentially bring a wrongful death civil suit against Casey.

This suit would be brought by a GAL who would be appointed to represent the interests of Caylee. Technically the GAL would be representing Caylee's estate

jmo

 

[Blink34]

Different states might do the GAL standards differently. If we have had this dance before, I must have misunderstood your post. Sorry, Blink.

A pre-7/15/08 DCF filing? Interesting. News to me. Of course they can't confirm as that info is confidential. Interesting news though.

Not at all , IIRC correctly, we agreed with the exception that the initiation of the issue needed to be done in family court or in civil court, not criminal (as bond hearing). The DCF file opening is new, changes things as I think, proved your initial comments. Nicely done.

 

[Themis]

I am going to respectfully disagree with the notion that there cannot be a GAL appointed for Caylee, in the event she is deceased.


If Casey is convicted and really even without a conviction, I'm pretty sure that the estate of the minor child, Caylee, can potentially bring a wrongful death civil suit against Casey.

This suit would be brought by a GAL who would be appointed to represent the interests of Caylee. Technically the GAL would be representing Caylee's estate

jmo

The person who would be appointed to represent Estate of Caylee M. Anthony, a decedent, would be the personal representative or administrator of the decedent's estate, who would have the power, in most states, to initiate an action for wrongful death, if warranted. A GAL is a little different in function in a civil estate.

 

[Blink34]

The person who would be appointed to represent Estate of Caylee M. Anthony, a decedent, would be the personal representative or administrator of the decedent's estate, who would have the power, in most states, to initiate an action for wrongful death, if warranted. A GAL is a little different in function in a civil estate.

Exactly, you have to establish "decedant".. which absent a death cert or judgement to be declared same, relies on evidence of death.

 

[MiraclesHappen]

The person who would be appointed to represent Estate of Caylee M. Anthony, a decedent, would be the personal representative or administrator of the decedent's estate, who would have the power, in most states, to initiate an action for wrongful death, if warranted. A GAL is a little different in function in a civil estate.

I think we are agreeing, unless I am missing something.:crazy::waitasec:

 

[treeseeker]

respectfully Themis, ( I think you and I have been to this dance bfore:blowkiss:
The burden is "without evidence of death" , not proven deceased, so imo, applies, at least in theory.. There is of course the element of known physical evidence which could shoot that in the pinky toe.

Secondly, I have learned there was a DCF filing PRIOR to 7/15 (dont bother asking for link, there is none, DCF will not give any "confirming info".. Which imo, could have necessitated the GAL..

Re DCF prior to 7/15 - based on personal experience, it takes DCF (different initials in different states) involvement to take custody of a child if the parent is unwilling to relenquish. And, it's very difficult to convince DCF there is enough neglect for them to take action. I eventually obtained guardianship, but not through DCF action. JMO, Cindy may have started the process on the counselor's advice.

 

[monoxide]

Re DCF prior to 7/15 - based on personal experience, it takes DCF (different initials in different states) involvement to take custody of a child if the parent is unwilling to relenquish. And, it's very difficult to convince DCF there is enough neglect for them to take action. I eventually obtained guardianship, but not through DCF action. JMO, Cindy may have started the process on the counselor's advice.

Seems like she waited wayyyyyyyyy to long

 

[passin_through]

If ...IF DCF were to remove Casey's parental rights--would Caylee's trust fund then be under their care too?

 

[treeseeker]

If ...IF DCF were to remove Casey's parental rights--would Caylee's trust fund then be under their care too?

Not necessarily. There is guardianship, which pertains to the child's physical care, and conservatorship, which pertains to their assets. A guardian might have physical custody of a child, or oversee the child's care by someone else. A conservator would oversee any assets, income. Sometimes the guardian is also conservator, sometimes not.

 

[karenz]

I am not sure if an attorney can step in or not? I know we have Guardian ad Litems here (I am studying to be one right now) but as far as an actual lawyer I am clueless...great question though!

I was wondering about the GAL thing too. I would love someone to be Caylees voice.

 

[Blink34]

I think we are agreeing, unless I am missing something.:crazy::waitasec:

Yes, I think we all are, but I would throw in there that the fly in the ointment might be that no paternity is established, and there are potential "heirs" as well as interested parties as to her "custody" potentially that are unknown to us. Additionally, there are some son of sam law applications as well.. Since I worked so hard to get the State of Fla to look at this issue, I have to believe it has to do with evidence in the case that we are not privy to..

 

[Blink34]

Not necessarily. There is guardianship, which pertains to the child's physical care, and conservatorship, which pertains to their assets. A guardian might have physical custody of a child, or oversee the child's care by someone else. A conservator would oversee any assets, income. Sometimes the guardian is also conservator, sometimes not.

true, but couldn't the GAL make claim to that assets for her care, etc..