Posted by NASGA 
By William Thornton
An Etowah County woman will end up returning more than $3.85 million to her mother’s estate as the result of a judge’s ruling.
The case, decided last month in Etowah County Circuit Court, dealt with the conservatory and custodial duties of a woman appointed co-conservator of her mother. Circuit Judge George Day Jr., ruled that the woman, who has not been charged with any crime, “breached her fiduciary duty to her mother’s Conservatorship estate, has failed to properly account for her actions and the funds and assets under her control, all of which has caused substantial damage” to the estate.
Additionally, the Court awarded a judgment against the daughter in relation to the custodial accounts for the incapacitated woman’s granddaughter, totaling $393,509.
Chris Hamer and Rebecca Wright of the Hamer Law Group represented the incapacitated woman’s conservator, an attorney who was appointed after the daughter resigned as conservator. The case has also generated a federal court action.
“This case represents the most egregious breach of fiduciary duties we’ve ever seen,” Hamer said in a statement. “Cases involving misappropriation and misuse of assets by family members appointed as fiduciaries are especially distressing for all involved.”
As a result of the decision, all money in the estate has been accounted for, attorneys said. According to court documents, the daughter of the incapacitated woman became conservator of her then-77-year-old mother in 2014. The woman, who died earlier this year, had 12 children.
The daughter in 2017 filed a petition for partial settlement with the Etowah County Probate Court, alleging that more than $9 million from the estate and its holdings came into her hands during the prior three-year period of her conservatorship, and about $2.57 million remained in the conservatorship estate. The woman paid out about $3.9 million to family members.
The case was removed from probate to circuit court in February 2018 and a Gadsden attorney was appointed as guardian ad litem for the incapacitated woman. A month later, the daughter resigned as co-conservator and paid $1.34 million to the court.
According to documents, she attributed about $306,000 for a return of payments to her personal credit card, $760,000 to her personal E*TRADE account, and $275,000 to transfers out of the conservatorship to herself. The $3.8 million in the judge’s decision includes what she has already paid back.
Another attorney was appointed conservator in the daughter’s place, who then retained Hamer Law Group to represent him in the final settlement and accounting of the daughter’s conservatorship.
Full Article & Source:
Judge: Guardian must return $3.8 million in Gadsden case
The PPJ Gazette 
Feb 17, 2020 @ 13:00:40
This article was relevant in 2011 and not much has changed as it is still relevant today. My Aunt & Uncle were taken by Conservatorship in CA by a private fiduciary who has been a nightmare since day 1! The lies and manipulation have never stopped. They use ex-parte notice to deny family members time to assist their loved ones or to object to conservatorship, they do not allow the conservatee to go to court to object – they just waive notice to everyone and push it through. They claim they have no family contact information to let them know about court dates, yet that is blatantly false, and they lie on court documents saying they had no contact information. They declare them to have a mental issue usually dementia so they can have full control – They cut off my mother’s access to all medical information that was previously granted to her — all in their attempt to know what is best. They don’t know anything about our loved ones. They were great graphic designers (both) yet they sit and an apartment with no art – when we ask for this they deny it saying it is not necessary or would be upsetting. They changed their phone number with no notice to our family until we forced the issue with the conservators attorney who swore it was just an oversight! They try to isolate them from family, give you no medical or prescription information. They only contact you when they want you to sign a waiver to waive your right to notice for whatever they want to do. They will burn through all of their investments sell their home. Maybe when they have drained them of their $ and their dignity we will be able to care for them – gladly – but not with the $ they saved for this purpose but out of our pocket. The attorneys and conservators make the $ and will never give up the gravy train that they all ride, while the court system waives them on happily. When will it end?
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