No. 23-239

Stuart Barnes v. Shawn A. Allen

Lower Court: West Virginia
Docketed: 2023-09-13
Status: Denied
Type: Paid
Relisted (2)
Tags: appointed-guardian doctrine-of-chances estate-mismanagement financial-exploitation guardian-ad-litem guardianship protected-person trustee-conservator wrongful-death-settlement
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

The question is whether the doctrine of chances
theory or character evidence is supported. The finan
cial exploitation petition presented evidence that Ms.
Anna Allen (mother 's) estate was mismanaged and ex
hausted, in addition to being buried without a grave
marker. Further, the Guardian Ad Litem report and
appointed guardian 's testimony provided evidence of
financial exploitation of the protected person. The trus
tee of the decedent 's estate and appointed guardian/
conservator are the same person. The petition infor
mation was not refuted or challenged. The respondent
applied for guardianship solely for nondisclosure of
protected person 's financial assets, more specifically
the "wrongful death " settlement of $147,000 in 2017
and its official account balance as of 2021 and 2023.

Question Presented (AI Summary)

whether-the-doctrine-of-chances-theory-or-character-evidence-is-supported

Docket Entries

2024-01-08
Rehearing DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-13
2023-11-20
Petition DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-06-23

Attorneys

Stuart Barnes
Stuart Barnes — Petitioner