In re Conservatorship of Person and Estate of Kayle
California Court of Appeal
2006 WL 3378032 (2006)
- Written by Liz Nakamura, JD
Facts
Stewart Kayle (plaintiff) was appointed as conservator for his father, Jerry Kayle, who suffered from dementia and was in residential care at Woodland Park Retirement Hotel (Woodland Park). Prior to Stewart’s appointment as conservator, William Remery (defendant) acted as Jerry’s attorney. Woodland Park failed to properly supervise Jerry, and Jerry was injured. Stewart then removed Jerry from Woodland Park and placed him in a different care facility. Jerry was subsequently hospitalized. Woodland Park staff checked Jerry out of the hospital without Stewart’s consent and returned him to Woodland Park. Remery, knowing Jerry was mentally incompetent and subject to Stewart’s conservatorship, claimed that he was still Jerry’s attorney and represented that Jerry was mentally competent to make the decision to leave the hospital and return to Woodland Park. Woodland Park later subjected Jerry to medical examinations without Jerry’s consent. After Jerry’s death, Stewart sued Remery, arguing that Remery conspired with Woodland Park to abduct, falsely imprison, physically abuse, and intentionally emotionally distress Jerry. Stewart also alleged that Remery neglected Jerry by breaching his duty of care to Jerry as Jerry’s attorney by failing to prevent Woodland Park’s abuse. The probate court dismissed Stewart’s claims without a hearing. Stewart appealed.
Rule of Law
Issue
Holding and Reasoning (Zelon, J.)
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