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The Longshot

Comedian Tim Conway died today. He started his career on “McHale’s Navy” and was best known for his role on “The Carol Burnett Show.” During the last year of his life, his daughter from his first marriage squabbled with his second wife of 35 years over his medical care. The daughter sought to be appointed conservator (i.e. guardian) of him even though Conway had executed a health care power of attorney designating his wife as his health care decision maker. The daughter’s petition was denied and eventually the wife was designated as the conservator. The daughter said she would continue to be an advocate for children seeking visitation denied by a step-parent.

Several somewhat redundant points:

1. Because Conway had executed a financial power of attorney and health care power of attorney in favor of his wife, a conservatorship was unnecessary because those documents determined his wishes.

2. It is bananas that animosity between a child and step-mother does not subside after 35 years of marriage.

3. The daughter’s declaration of victory and promise of advocacy after having no legal basis for her position and then being thwarted by the court is Trumpian.

Photo Credit:  Fox News video

License:  Fair Use/Education (from linked article)

Tasered and Confused

A local story has a probate court angle. The City of Cincinnati has agreed to settle a lawsuit brought by an 11 year old shoplifter who was tasered after running from an off duty police officer. The young girl, who had been caught and warned previously for stealing from the same store, had $53 of stolen merchandise on her. She will receive $220,000 from the city and $20,000 from Kroger for the indignity of being tasered.

Several points and one prediction:

1. Because the girl is a minor, the settlement will be subject to probate court supervision until she turns 18.

2. Funds may only be spent with the approval of the probate court and then only for her mental health to overcome the trauma of being tasered.

3. She will have unrestricted access to the funds when she turns 18.

4. Call it more than a hunch that the number of shoplifting incidents at Kroger without repercussions will increase dramatically.

Photo Credit:  Albert Cesare/Cincinnati Enquirer

License:  Fair Use/Education (from linked article)

No Mayo, Please

Alyssa Gilderhus was 18 years old when she suffered a ruptured aneurysm. She was given a 2% chance of survival when she arrived at the Mayo Clinic. Miraculously, she survived and was transferred to the Mayo’s rehab section. Her mother soon became disenchanted with her care and requested that various personnel not attend to her daughter while voicing her displeasure on Facebook posts in all caps. She eventually asked for a transfer to a different hospital.

The Mayo Clinic refused the transfer request alleging that Alyssa could not make decisions for herself. The hospital also sought guardianship of the patient. Frustrated, Alyssa’s family engaged in a cloak and dagger move with Alyssa escaping the hospital and fleeing Minnesota so she could not be returned to the hospital.

A South Dakota hospital saw Alyssa and prescribed medication and sent her home. Alyssa graduated from high school this year after being named Prom Queen.

One point, one plug, and one comment.

1. When she turned 18, Alyssa should have executed a health care power of attorney and a HIPAA Release so her mom could access her health care records and legally make medical decisions for her during her incapacity.

2. I always advise my clients to have their children execute those documents when they turn 18 and definitely before leaving for college. My fee is $150.

3. I would tend to follow the advice of doctors at the Mayo Clinic over those at a rural South Dakota hospital. But if a mother who posts on Facebook in all caps with exclamation points wants to follow different advice for her daughter’s care, she, not a social worker, should have the right to make that decision.

Photo Credit:  Engebretson family

License:  Fair Use/Education

 

What Is It With Sacramento?

Rosalie Achiu is a recently widowed Sacramento woman. Her neighbors described her as suffering from dementia. Shortly after she called the Sacramento sheriff for assistance in January, one of the responding deputies obtained her power of attorney, drilled a safe deposit box, moved her out of her house, and placed her on a plane to the Phillippines ostensibly to visit relatives there. The deputy claims that she did all of this at the behest of the woman. The deputy is now under investigation by her department.
A few points:
1. Color me skeptical that a woman would instantly give financial control of her assets to a law enforcement officer she recently met and that the officer would accept such power for benevolent purposes when social services and the probate court could assist the woman.
2. Mrs. Achiu should have executed a power of attorney prior to her husband’s death, or shortly thereafter, designating a trusted friend or relative as her attorney in fact for both financial and medical decisions.
3. In true 2018 fashion, the deputy claims that she is being investigated because she filed a harassment claim against her now current supervisor in 2007. This does not explain why her partner is also being investigated.
 
 
Photo Credit:  Unknown (AP?)
License:  Fair Use/Education (from linked article)

We Rebelled Against Monarchy for a Reason

Times are slow in the estate planning news area. I have been awaiting the resolution of a court hearing in Hawaii about the estate of their last living “Princess” for the past month. Alas, nothing has been reported.

Abigail Kinoiki Kekaulike Kawananakoa is considered the last living Hawaiian princess. Her great-aunt was the last Queen of Hawaii. Her great-grandfather was a pineapple magnate who left her a fortune. The 91 year old survived a stroke last summer. Her long time attorney was granted control of her $250 million estate. Her long time 64 year old girl friend married her last Fall after initially breaking up with her because she wanted more than the $700K annual allowance she was receiving.

A few points of some pithiness:

1. Planning wise, Abigail should have had a financial power of attorney designating someone to handle her finances if she were incapacitated.

2. She also should have a medical power of attorney allowing someone to assist her with her medical decisions when necessary.

3. Hawaiians revere their royalty no matter how tenuously connected to the throne from 125 years ago.

4. Some (including me) might call a woman who marries an incapacitated wealthy woman 27 years older than her an opportunist rather than a wife.

Photo Credit:  AP

License:  Fair Use/Eduction

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All Posts By Jay Brinker

I am an attorney located in Cincinnati, Ohio who practices in the areas of estate planning, probate, asset protection, and small business advice. I make a difficult and bewildering process as simple as possible. Most importantly, I provide "more for less" for my clients.