While Under Court Appointed-Guardianship, Elderly Woman Revised Will And Leaves Money To Probate Judge, Probate Guardian, And Court-Appointed Attorney
When the will of Mildred Erle Veatch, 95, was read after she passed away last summer, there were 10 beneficiaries named to receive assets from her $824,766 estate.
Among these beneficiaries were:
· Judge Windle, the probate judge who oversaw her case, was to receive $50,000.
· Duane Coker, the court-appointed attorney representing Veatch, was to also receive $50,000.
· Beverly McCure, Veatch’s court-appointed guardian and the ex-wife of Judge Windle, who was to receive $100,000.
· Roy Anderson, court-appointed guardian of Veatch’s estate and Windle’s personal accountant, who was to receive $50,000.
Judge Windle has said he did not know he was included in Erle Veatch’s will and, he will not accept the money.
Neither Veatch or her sister Helen, who shared the estate with her but passed away a few years ago, ever married or had children. In November 2001, a court-appointed psychiatrist had suggested that the court monitor Veatch’s giving of gifts to others. One month later, Judge Windle ordered that a court-appointed guardian manage Veatch’s estate as she was “incapable of managing her own property and financial affairs.”
Although there is no evidence of wrongdoing on their parts, Judge Windle and Veatch’s court appointees interacted with her socially while she was under their guardianship.
Benefits of having a conservatorship/guardianship:
· .Generally, conservators are supervised by the court. This often provides a powerful safeguard for a conservatee’s estate.
· Many courts require periodic reports detailing any actions they’ve taken on the conservatee’s behalf.
· A conservator must also get the court’s approval before making any major decisions that affect the conservatee.
· Financial conservatees are often asked to post a bond that protects the conservatee’s estate from being mishandled.
Appointing a conservatee:
A judge appoints the conservator, and often he will pick from the candidates (usually friends or family members) who would like the job. Usually order of preference is established by state law, starting with the conservatee’s spouse or registered domestic partner, adult children, adult siblings, and so on. A judge can also choose another person if they think he or she is better suited for the job.
How Conservators are Compensated:
Conservators are reimbursed for expenses and paid for their service from the assets of the person they are taking care of. Payments must be "reasonable" in the eyes of a court. Generally, payments are only made to professional or public conservators.
Recently, California introduced new laws, known as the Omnibus Conservatorship and Guardianship Reform Act of 2006, to protect conservators from being abused.
In Monterey County, Alameda County, and Santa Clara County, Sagaria Law P.C. can help you set up a conservatorship or contest a conservatorship that you do not agree with. The care of your elderly loved one is important to us, and we will do what we can to help. Contact Sagaria Law, P.C. for a free consultation.
Piece of Estate Paid To Those Left To Guardian It, Dallas Morning News.com, November 16, 2006
New Landmark Laws Overhaul California's Troubled Conservatorship System, California Progress Report.com
Conservatorships and Guardianships, Nolo.com
Conservator/Guardianship Resources, Endoflifecare.com
Related Web Resource:
Beneficiaries of Will, Dallas Morning News.com (Graphics)
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