DeMoville v. Johnson


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Docket Number: 2002-CA-00150-COA
Linked Case(s): 2002-CT-00150-SCT ; 2002-CT-00150-SCT ; 2002-CA-00150-COA ; 2002-CT-00150-SCT

Court of Appeals: Opinion Link
Opinion Date: 06-17-2003
Opinion Author: Bridges, J.
Holding: Affirmed

Additional Case Information: Topic: Appointment of conservator - Section 93-13-251 - Conflict of interest
Judge(s) Concurring: King and Southwick, P.JJ., Thomas, Lee, Myers and Griffis, JJ.
Non Participating Judge(s): McMillin, C.J., and Chandler, J.
Dissenting Author : Irving, J.
Procedural History: Bench Trial
Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES

Trial Court: Date of Trial Judgment: 01-08-2002
Appealed from: Lee County Chancery Court
Judge: Charles D. Thomas
Disposition: APPOINTED A CONSERVATOR OVER THE ESTATE.
Case Number: 01-0239

  Party Name: Attorney Name:  
Appellant: In Re: The Appointment of a Conservator for Mrs. John Q. (Margie Allen) DeMoville: Margaret DeMoville




RON L. WOODRUFF JIM WAIDE



 

Appellee: Dixie Johnson WILLIAM M. BEASLEY REBECCA L. HAWKINS  

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Topic: Appointment of conservator - Section 93-13-251 - Conflict of interest

Summary of the Facts: Dixie DeMoville Johnson filed a petition for appointment of conservator seeking an appointment of a conservator over the person and estate of her mother, Margie DeMoville. Dixie's younger sister, Margaret DeMoville, filed an answer opposing the appointment of a conservator and moving to stay all proceedings. The chancellor appointed Bill Benson, Lee County Chancery Clerk, as conservator of Mrs. DeMoville's estate and Margaret as conservator of Mrs. DeMoville's person. Margaret appeals.

Summary of Opinion Analysis: Issue 1: Appointment of conservator over estate Margaret argues that dissipation of Mrs. DeMoville's property must be proven in order for a conservator to be appointed. Section 93-13-251 provides that the court may appoint a conservator if a person by reason of advanced age, physical incapacity or mental weakness is incapable of managing his own estate. To require everyone seeking an appointment of a conservator to prove that the person at issue was being cheated by someone goes far beyond what is required in the statute. The overriding question in determining whether a conservator should be appointed is a person's ability to manage his or her own property. Mrs. DeMoville's undisputed medical condition of severe dementia renders her incapable of managing her own property. Issue 2: Third party Margaret argues that if it was necessary to appoint a conservator, she should have been the person appointed of both Mrs. DeMoville and her estate. A person with a conflict is prohibited from serving in the capacity of a conservator. In this case, there was evidence presented that showed an overreaching by Margaret with regard to her mother's finances. A lawsuit against Margaret for conversion of funds from both the estate account as well as her mother's personal account is currently pending. Therefore, it was well within the chancellor's discretion to refuse to allow Margaret to serve as conservator of Mrs. DeMoville's estate in light of the discord between Dixie and Margaret and the pending lawsuit.


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