GUARDIANSHIP/CONSERVATORSHIP: No standing by son to assert mother’s due process rights including private counsel, Judge within discretion to appoint OPD… opposing party not bound to notice requirements when son removed his counsel 2 days before trial… no abuse of discretion in appointing non-relative guardian… distrust among siblings justified 3 conservators including attorney without statutory priority… no abuse of discretion to preclude conservators acting in mother’s elected corporate roles… attorney/conservator properly awarded fees for administration of complex, multi-million-dollar estate, sanctions properly assessed against dissenting conservator for objecting to fees… attorney misconduct allegations not properly before MSC… Manley affirmed. [Read more…]
Trusts, invasion of principal for caregiver costs
TRUST: Dispute over invasion of principal for wife’s care improperly resolved in favor of remainder beneficiary/trustee/grandson… trustee should be removed… prior accountings not needed to further explore breach of duties… McNeil reversed, affirmed (IOR I-3(d)). [Read more…]