The Longshot

Comedian Tim Conway died today.  He started his career on “McHale’s Navy” and was best known for his role on “The Carol Burnett Show.”  During the last year of his life, his daughter from his first marriage squabbled with his second wife of 35 years over his medical care.  The daughter sought to be appointed conservator (i.e. guardian) of him even though Conway had executed a health care power of attorney designating his wife as his health care decision maker.  The daughter’s petition was denied and eventually the wife was designated as the conservator.  The daughter said she would continue to be an advocate for children seeking visitation denied by a step-parent.

Several somewhat redundant points:

1.  Because Conway had executed a financial power of attorney and health care power of attorney in favor of his wife, a conservatorship was unnecessary because those documents determined his wishes.

2.  It is bananas that animosity between a child and step-mother does not subside after 35 years of marriage.

3.  The daughter’s declaration of victory and promise of advocacy after having no legal basis for her position and then being thwarted by the court is Trumpian. 

Photo Credit:  Fox News video
License:  Fair Use/Education

This Keeps Me Employed

Comic Credit:  Nick Gilafianakis/Washington Post
License:  Fair Use/Education

What Is It With Sacramento?

Rosalie Achiu is a recently widowed Sacramento woman. Her neighbors described her as suffering from dementia. Shortly after she called the Sacramento sheriff for assistance in January, one of the responding deputies obtained her power of attorney, drilled a safe deposit box, moved her out of her house, and placed her on a plane to the Phillippines ostensibly to visit relatives there. The deputy claims that she did all of this at the behest of the woman. The deputy is now under investigation by her department.

A few points:

1. Color me skeptical that a woman would instantly give financial control of her assets to a law enforcement officer she recently met and that the officer would accept such power for benevolent purposes when social services and the probate court could assist the woman.

2. Mrs. Achiu should have executed a power of attorney prior to her husband’s death, or shortly thereafter, designating a trusted friend or relative as her attorney in fact for both financial and medical decisions.

3. In true 2018 fashion, the deputy claims that she is being investigated because she filed a harassment claim against her now current supervisor in 2007. This does not explain why her partner is also being investigated.

Photo Credit:  Unknown (AP?)
License:  Fair Use/Education

Rick Dees' Family Would Not Act This Way

The family of long time American Top 40 host, Casey Kasem, settled their dispute over his health care on Friday.  The children from his first marriage had requested a conservatorship because they alleged that their step-mother was not permitting them to see him.  A court appointed doctor had opined that Kasem, who is bed ridden and hospitalized with Parkinson's disease, would want to see his children.   Details of the settlement are undisclosed.  

Several points:

1.  These types of disputes are fairly common with second marriages and children from a prior marriage.  They are also common among siblings when one child lives out of town.

2.  To reduce the risk of conflict, an individual should execute a durable power of attorney for health care and a financial power of attorney.   Further, the attorney in fact under both documents should communicate with other family members.

 

3.  Because terms of the settlement are undisclosed, it remains unknown if the Kasem children are permitted to visit their father, or if they have to send him long distance dedications.  

Dahling, It's the Fiduciary that Matters

Zsa Zsa Gabor's daughter recently convinced the LA county probate court to invalidate the power of attorney held by Zsa Zsa's husband because  he was abusing it.  Her financial affairs are now subject to probate court supervision. 

To avoid the rigors of a guardianship and probate court supervision, an individual should have a financial power of attorney and health care power of attorney.  However, selecting the person to manage those responsibilities is important.  

What we can learn from Zsa Zsa's situation is that a husband is not always the best choice to serve as fiduciary  especially if he if he wants the 94 year old to have a baby, has adopted several adult men, and has claimed to father Anna Nicole Smith's daughter.