Alaskan Conservator Breached Fiduciary Duties
In Foster v. Professional Guardian Services Corporation, the Alaska Supreme Court determined that a court-appointed conservator breached its fiduciary duties through a number of acts and a failure to...
View ArticleIowa Conservator Not Liable For Failing To Obtain Prior Court Approval Of...
Iowa’s Code contains strict limitations on what acts a conservator can take without prior court approval. For example, Iowa Code section 633.647 provides that “[c]onservators shall have the following...
View ArticleNew Florida Rule Of Appellate Procedure Affects Fiduciary Litigation
On November 3, 2011, the Florida Supreme Court approved the Appellate Court Rules Committee’s proposed rule changes to the Florida Rules of Appellate Procedure. Among the changes to the Florida Rules...
View ArticleConnecticut Conservator Of The Person Lacked Standing To Bring Lawsuit On...
Guardians and conservators don’t get appointed because things are going swimmingly for the ward. In a good many of these cases, a guardian and conservator are appointed because there has been some...
View ArticleSerial Victim Of Fraudulent Lottery Schemes Needed Conservator
Guardianship and conservatorship disputes involve extremely sensitive issues and personal information about the ward. That’s probably why in Georgia, at least, there isn’t an overwhelming amount of...
View ArticleConnecticut Supreme Court Tackles Judicial Immunity For Conservators
Before we jump into this landmark case from Connecticut, let’s take a very brief look at the procedural and factual history of Gross v. Rell (concurrence and dissent here). Daniel Gross had a leg...
View ArticleGeorgia Conservator’s Final Accounting Approved After Trial
Talk to a guardian or conservator and you’ll likely find out it is a thankless, demanding job. Often these fiduciaries not only have to provide a great deal of care and protection for their wards but...
View ArticleFlorida’s Incapacity Examining Committee Withstands Another Constitutional...
If you’re not familiar with Florida Statute 744.331, there’s been some historical controversy about the role of the ‘examining committee’ established under the statute. For our purposes, in short,...
View ArticleMichigan Allows Guardians And Conservators To File Divorce Complaints On...
Not surprisingly, in Estate of Burnett, the Michigan Court of Appeals reaffirmed that a guardian or conservator can file a complaint for divorce on behalf of the incapacitated spouse over whom the...
View ArticleGeorgia Appellate Court Clarifies What It Takes For An Emergency Guardianship
Few appellate opinions give us a window into contested guardianship proceedings. Fewer still give us insight into what it takes to obtain an emergency guardianship. In In the Interest of Farr, the...
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