Three daughters filed separate petitions of conservatorship of person and estate over their severely disabled elderly mother. Mother’s estate was worth $25 million. Daughters claimed undue influence and financial abuse. After a neutral private fiduciary was appointed as temporary conservator, one daughter asserted allegations of elder abuse against the temporary conservator. The daughters disputed each other’s petitions and their positions changed as their alliances with each other shifted. Issues in trial were accounting, surcharge, undue influence, elder abuse and attorney fees.
Son filed petition for temporary and permanent conservatorship over his mother. Mother disputed son’s petition indicating that she needed no conservatorship of her person or estate. Daughter joined in the opposition to son’s petition. There were competing power of attorneys from both siblings. Disputes arose over visitation, health care provider and medical care plans for mother. Competency, least restrictive alternative and custom tailored powers were at issue. Expert medical testimony was received from several doctors along with several expert care provider witnesses.
Son filed petition of conservatorship over father. Father and his second son opposed the petition. Issues arose as to competency, the necessity of the conservatorship, burden of proof which would support a conservatorship, what the least restrictive alternative would be to the appointment of a conservator, visitation and attorney fees.