Concern over possible abuses in the conservatorship process is prompting some elderly advocates to call for reforms and model laws across the country that grant more rights to the individual and offer more protection. The Tennessean reports on one recent case where an 82-year-old Nashville woman lost all of her possessions in a conservatorship case.
State Rep. Gary Odom, D-Nashville, has filed a bill that would provide additional protection to people facing conservatorship, the newspaper reports. “We’ve got to make sure that people aren’t put into conservatorship without due process,” Odom says. His bill would set new notice requirements before a conservatorship could be imposed. It also would require additional medical proof, including sworn statements from three physicians, that an emergency conservatorship was justified.
Friday, April 27, 2012
Friday, April 20, 2012
Court reviews whether the Executor or the Survivor is entitled to the Deceased's bank accounts and CDs
G. PERRY GUESS, EXECUTOR OF THE ESTATE OF C. CHARLTON HOWARD v. ELIZABETH G. FINLAY (Tenn. Ct. App. April 16, 2012)
This case involves a dispute between G. Perry Guess (“the Executor”), 1 Executor of the Estate of C. Charlton Howard (“the Deceased”), and the Executor’s sister, Elizabeth G. Finlay (“the Survivor”), regarding the ownership of funds, following the death of the Deceased, in several bank accounts and certificates of deposit.
The trial court awarded the bank accounts to the Executor and the CDs to the Survivor. The Executor claims he is also entitled to the CDs while the Survivor argues that she should have received all of the funds.
We reverse that portion of the trial court’s judgment awarding the bank accounts to the Executor. We modify the judgment in favor of the Survivor so as to award to her all of the bank accounts as well as the CDs.
Opinion available at:
https://www.tba.org/sites/default/files/guessg_041612.pdf
This case involves a dispute between G. Perry Guess (“the Executor”), 1 Executor of the Estate of C. Charlton Howard (“the Deceased”), and the Executor’s sister, Elizabeth G. Finlay (“the Survivor”), regarding the ownership of funds, following the death of the Deceased, in several bank accounts and certificates of deposit.
The trial court awarded the bank accounts to the Executor and the CDs to the Survivor. The Executor claims he is also entitled to the CDs while the Survivor argues that she should have received all of the funds.
We reverse that portion of the trial court’s judgment awarding the bank accounts to the Executor. We modify the judgment in favor of the Survivor so as to award to her all of the bank accounts as well as the CDs.
Opinion available at:
https://www.tba.org/sites/default/files/guessg_041612.pdf
Court reviews whether a petition to turn over assets was barred by res judicata
IN THE MATTER OF: ESTATE OF JOHN J. GOZA (Tenn. Ct. App. April 11, 2012)
The trial court determined that Petitioner’s petition to turn over assets was barred by the doctrine of res judicata. We affirm.
Opinion available at:
https://www.tba.org/sites/default/files/gozaj_041112.pdf
The trial court determined that Petitioner’s petition to turn over assets was barred by the doctrine of res judicata. We affirm.
Opinion available at:
https://www.tba.org/sites/default/files/gozaj_041112.pdf
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