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 (AI Summary)

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

Question Presented (OCR Extract)

QUESTION PRESENTED The question is whether the doctrine of chances theory or character evidence is supported. The financial exploitation petition presented evidence that Ms. Anna Allen (mother’s) estate was mismanaged and exhausted, 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. | | | ii

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
Stuart Barnes — Petitioner