In re Medworth

Elvira Medworth (plaintiff) resided in her own home in Minneapolis for over 40 years. After Medworth’s health declined, her nephew, Gary Peper (defendant), was appointed as conservator for Medworth and her estate. Subsequently, Medworth became unable to move her right side, and Medworth’s doctor determined that Medworth required 24-hour care and supervision, which he believed could be safely provided in Medworth’s home. Peper made minimal efforts to investigate at-home care options for Medford. Citing Medford’s alleged preference for Caucasian caregivers, Peper stopped looking into at-home options when he was informed that he could not select care providers by race. Instead, Peper sought to relocate Medworth into a congregate-living facility with an all-Caucasian staff located near Medworth’s relatives in Wisconsin. At a hearing on Peper’s petition to relocate Medworth, Medworth repeatedly testified that she wanted to remain in her own home and that she had the funds to support in-home care. A social worker, who had visited Medworth’s home, testified that Medworth could be safely cared for in her own home with proper supervision and assistance. Although evidence was presented that Medworth had sufficient assets to cover the cost of the Wisconsin facility, no evidence was presented regarding the cost to provide 24-hour care in Medworth’s home. The trial court granted the relocation petition, reasoning that Medworth required 24-hour care and that there was no plan in place to provide that care in Medworth’s home. Medworth appealed.