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Attorney Jonathan Rice Wins Withdrawal in Guardianship Case
May 20, 2007 | Robinson Donovan, P.C.
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Jonathan P. Rice won a withdrawal in a guardianship case in which he represented an elderly, incapacitated client and acted for the client under a Trust and a Durable Power of Attorney.
The petition was brought by a child of the client who asserted that she could provide better medical care and suggested that we had a conflict of interest in handling the client's finances under both a Trust and a Durable Power of Attorney. Jonathan maintained that it was the client's express wish that Robinson Donovan, and not her children, be in charge of her finances and her health care decisions in the event of incapacity. Jonathan was faced with the presumption in the Probate Courts that family members should be given preference over strangers in guardianships.
He was able to present documented evidence showing that Robinson Donovan had assembled a team of medical and financial specialists to advise us and to help us advocate for the client.
Jonathan demonstrated that the client was receiving the best level of medical care available, that we were constantly monitoring the client's medical progress and that we were identifying and calling upon specialists to review new medical symptoms as they developed. He was also able to show that the client's finances were being accounted for monthly and quarterly, that there were frequent evaluations of her investments and appropriate and timely restructurings of her portfolio.
In light of this evidence, the child chose to withdraw the petition without hearing.
We at Robinson Donovan feel that we possess the management tools and the expertise to help any of our clients maintain control of their medical issues and financial assets. We have many contacts in the medical and financial fields and can assemble a team of appropriate experts to address any client's specific needs, while we concentrate on the client's legal needs and coordinate the team's endeavors on behalf of our clients. This frees up the family to spend quality time with their elderly or incapacitated relatives.
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