OSG Case Law 2003

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ILLINOIS GUARDIANSHIP AND ADVOCACY COMMISSION
OFFICE OF STATE GUARDIAN

 

MIDWEST UNITED STATES
CASE LAW SUMMARY

 

Prepared by

 

JOHN H. WANK

DEPUTY DIRECTOR & GENERAL COUNSEL

 

ILLINOIS GUARDIANSHIP AND ADVOCACY COMMISSION
DR.MARY L. MILANO
DIRECTOR

 

October 2003

 

 

Chicago General Office

160 North LaSalle Street

Suite S‑500

Chicago, Illinois 60601

(312) 793‑5900

 

 

For copies of Midwestern case law summaries from prior years and other information, please visit the Commissions Web Site at https://gac.state.il.us

 

 

Note: This work was prepared as a guide to guardianship practitioners, and is intended as an informational guide, not as a complete listing of all case law. Before relying on any of the information presented in this summary, users are encouraged to consult with counsel familiar with guardianship law and other legal issues. Although this information is in the public domain, the Commission asks that any references to this Summary contain proper attribution.


State Index
(IL, IN, IA, KS, MI, MN, MS, NE, ND, OH, SD, WV, WI)

Subject Index

STATE INDEX

Illinois
In the Matter of the Guardianship of Sandra Muellner, v. Blessing Hospital and Office of State Guardian
New Century Mortgage Corporation v. Kevin Roebuck and Steele & Loeber Lumber Co.
Patricia Vlasek & Joseph Vlasek v. Michael Nemitz
McCall v. United States
In Re Estate of Charlotte E. Barth, a  Disabled Person, Now Deceased
Estate of Weiland, Deceased
Estate of Henrietta Bishop
Dakuras v. Edwards

Indiana
no cases                                 

Iowa
Estate of Milton T. Leonard v. Daniel Swift and William Werger
Iowa Supreme Court Board of Professional Ethics and Conduct v. Ronald Eich
Iowa Protection and Advocacy Services, Inc. v. Gerard Treatment Programs, L.L.C.

Kansas
no cases

Michigan
In the Matter of Sarah Handelsman, a Protected Person, Stephen C. Albery, Guardian and Conservator v. Rochelle Schultz and Frances Goldman            
Jon Houghton, Guardian and Conservator of Joann Houghton Johnson v. Ronald Paul Keller
Estate of June Susser, a Protected Person, Betty Saari,Conservator v. Ronald Susser and Hazel Marie Susser
Estate of James Clinton Buchanan, a Legally Protected Person, Nichols & Eberth, P.C. v. Titan Insurance Co
In Re Genevieve LeBlanc Living Trust 

Minnesota
In Re Conservatorship of Mary Larkin Smith (1,2,3)
In the Matter of Karla A. Iwen, Proposed Conservatee
Earl Fisher as Special Conservator, et al. v. Thomas Schefers, et al.

Missouri
In the Matter of Erma Z. Oliva, Incapacitated/Disabled. John Oliva, Jr., R.W. Shakelford and Martha Pollard, Limited Guardian and Conservator for Erma Z. Oliva 
Shelly Jean Walters v. Robert Allen Walters, by his Guardian, Linda Walters
Ruth R. Millington v. Edwin J. Masters, and Jackie Masters and Donald R. Cato and Charlotte M. Newton and David Newton
Beverly Sue Ryan, Public Administrator of Clay County, Missouri v. Rhonda Maddox

Nebraska               
Guardianship and Conservatorship of Amelia Hartwig

North Dakota
Estate of John T. Gleeson, Deceased

Ohio
In Re Guardianship(s) of Edward and Betty Keller
In the Matter of The Conservatorship of Dorothy Lee
Lisa Bukowski v. City of Akron et al.
Lisa Bukowski v. Leslie R. Hall
Office of Disciplinary Counsel v. McCully
Office of Disciplinary Counsel v. Sims (1,2)
In Re Katherine Ewanicky Alexander Jurczenko (1,2)
Richland County Bar Association et al. v. Brickley
Elliott v. George Emig, et al
Guardianship of Lucille Lauder, Guardianship of Helen Bryan, Power of Attorney of Helen Bryan (1,2)
In the Matter of Daniel J. Rosenbaum Trust, Appeal by Charles Rosenbaum, Guardian
Ferguson v. Walsh, et al.
Guardianship of Bertina Hards 
Guardianship and Conservatorship of Geralyn Stancin
John Brunstetter v. Leo Keating
In the Matter of the Guardianship of James E. Goins, Jr

South Dakota            
no cases

West Virginia
no cases

Wisconsin
Guardianship of Matthew M. v. Walworth County Dept. of Health and Human Services
In Re Estate of Robert A. Butler, Jr. (1,2)
Guardianship of Scott G. G. : Marjorie A. G., Guardian, v. Dodge County Dept. of Human Services
Guardianship of Emma W


 

SUBJECT INDEX
 

Who May Serve As Guardian 
Residential Placement Decisions Made by a Guardian
Marriage and Divorce 
Housing Rights
Testamentary Capacity
Right of Ward To Contract – Real Estate Conveyance
Management of Real Property
Initiation of Cause of Action Against Or On Behalf of Estate
Statutes of Limitations
Penalties for Breach of Fiduciary Duties – Allegations of Guardian or Attorney Misconduct
Power of Attorney-Guardian Conflicts
Powers of Attorney:   Duty of An Agent 
Recovery of Estate Assets
Duty to Protect Assets: Public Aid Spend Down & Burial Trusts
Applications for Public Benefits: Medicaid & Special Needs Trusts
Estate Planning:  Notice to Beneficiaries of Revocation of Estate Plan – Jurisdictional Defects
Use of Jointly Held and Totten Trust Funds
Fees for Guardians, Guardians ad Litem, and Attorneys
Adjudication Issues: Motions In Limine, Proper Evidentiary Standard, Rules of Evidence, Physician Privilege 
Adjudication Issues: Domicile of Ward For Purposes of Diversity Jurisdiction
Adjudication Issues: Use of Civil Practice Rules & Pretrial Discovery Procedures In a Conservatorship
Adjudication Issues: Attorney Malpractice While Representing A Guardianship Petitioner
De Facto Guardianship
Protection and Advocacy Issues
Guardianships & The Criminal Justice System