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· 8/10/2018

In Re: The Conservatorship Of Mary Ruth Davis Hudson

Citations

  • 578 S.W.3d 896

Syllabus

In this conservatorship action, three of the conservatee's five adult children filed a petition for conservatorship over the conservatee in May 2015 and subsequently filed an emergency petition for conservatorship in June 2015. Following a hearing, the conservatorship court granted the emergency petition, naming one of the petitioners as conservator over the conservatee's property and one of the petitioners as conservator over the conservatee's person. The conservatee's two non-petitioning children subsequently filed a motion in opposition to the conservatorship and requested that it be dissolved. The conservatee then filed an answer to the petition and motion to dismiss the conservatorship. Following various subsequent motions and a hearing conducted in September 2015, the conservatorship court entered an order in October 2015, inter alia, appointing East Tennessee Human Resources Agency (\ETHRA\) as an emergency interim conservator over the conservatee's property but maintaining the originally named petitioner as conservator over the conservatee's person. The conservatorship court subsequently memorialized these appointments as permanent in an order entered in December 2015. Upon motions for attorney's fees filed by the petitioners' counsel in January 2016, the conservatorship court found that the attorney's fees requested were reasonable and granted them in an order entered in March 2016. On March 29, 2016, ETHRA filed the last of three successive inventory and property management plans. The conservatee died on May 2, 2016. Upon multiple motions requesting fees, the conservatorship court conducted a hearing and subsequently entered an order on June 21, 2016, inter alia, awarding reasonable fees and expenses to the attorney ad litem, the conservator of the person, and the petitioners' counsel and former counsel. ETHRA filed a motion to enter final accounting on August 25, 2016, and concomitantly filed a motion requesting $9,112.50 in fees for the services of its r

Judges: Judge Thomas R. Frierson, II

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