Lawyer Loses Her Own Case, Faces Bar Disciplinary Action
DECEMBER 15, 2003 VOLUME 11, NUMBER 24 Sherri K. apparently thought her stepfather Clifford H. (the court opinion does not disclose family names) needed protection. She asked the California courts to appoint her as conservator, and she alleged that there was an emergency requiring immediate action. Without giving notice to her stepfather or other family […]
Guardian of Estate Must Pay Personally For Copies of Checks
AUGUST 11, 2003 VOLUME 11, NUMBER 6 The issue facing Florida guardian Barbara Keithly was simple: should she have her bank return the original canceled checks on the guardianship account, or would it acceptable to receive only copies with her monthly statement? Although the question seems simple enough, it provides an opportunity to consider the […]
Judge Hearing Conservatorship Matters Is “Ultimate” Authority
AUGUST 4, 2003 VOLUME 11, NUMBER 5 After incurring the emotional and financial cost of securing a guardianship and conservatorship, family members usually believe that they have been given authority to make all personal and financial decisions for their incapacitated loved one. Though nearly true, that is not quite the case—as Randy Bardwell found out, […]
Probate Court May Bypass Ward’s Choice Of Conservator
MAY 19, 2003 VOLUME 10, NUMBER 46 When a person is no longer able to manage his or her own affairs, it may be necessary for a court to appoint a guardian (of the person) or conservator (of the estate). Who should be appointed? In most states the courts start from the presumption that family […]
Employer Pays Twice After Guardian Mishandles Funds
FEBRUARY 25, 2002 VOLUME 9, NUMBER 35 When Ashley Tatum’s father Ernest died Ashley was still a minor. Ernest Tatum had named Ashley as beneficiary on several retirement and life insurance accounts with his employer, BellSouth, and so Ashley’s mother Rosalyn Felder had to go to court to secure an appointment as guardian of Ashley’s […]
Claimant In Will Contest Not Entitled To Trial By Jury
NOVEMBER 26, 2001 VOLUME 9, NUMBER 22 Alaskan Lillie M. Rahm was in her early nineties when she first met handyman Robert Riddell, then in his mid-sixties. Their friendship grew quickly, and Mr. Riddell moved in with Ms. Rahm within a few months. Two years later friends and relatives instituted legal proceedings that lasted well […]
Nursing Home May Sue On Surety Bond For Nonpayment
SEPTEMBER 10, 2001 VOLUME 9, NUMBER 11 When J. Michael Cantore, Jr., was appointed as conservator of the person and estate of Diana Kosminer, he was required to post a bond to help ensure that he would handle her finances properly. The purpose of a “surety” bond (the type usually required of conservators) is to […]
Power of Attorney Does Not Always Avoid Conservatorship
AUGUST 27, 2001 VOLUME 9, NUMBER 9 Like many seniors, Robert Anderson signed a financial power of attorney, giving his daughter and son-in-law power to manage his financial affairs. He may have understood that the power of attorney would avoid the necessity of court proceedings to appoint a conservator if he became incapacitated. Having a […]
Guardian Of Estate Does Not Have Power To Revoke Trust
MAY 21, 2001 VOLUME 8, NUMBER 47 Ruth Chandler was 73 when she established her revocable trust in 1997. The New Jersey woman had no family, and so she named Summit Bank as trustee. She transferred about $1.7 million into the name of the trust. Three months later she revoked that trust and established a […]
Conservator Not Liable For Failure To Secure Medicaid Coverage
OCTOBER 23, 2000 VOLUME 8, NUMBER 17 J. Michael Cantore, Jr., was appointed as conservator of the person and estate for Diana Kosminer. Shortly after he took responsibility for Ms. Kosminer he arranged for her admission to the Jewish Home for the Elderly of Fairfield County, Inc., a Connecticut nursing home. Within a year of […]
