Friday, March 13, 2009

"No Conservator is Needed"

Closing arguments in the Crean conservator trial took an hour and forty-five minutes. Judge Mary Fingal Shulte will render her opinion on April 20.

What she must decide in this first phase is if Donna Crean, suffering from advanced Alzheimer's and diabetes, needs a conservator.

Before closing arguments, Johnnie Crean instructed his attorneys to withdraw his application to be named his mom's conservator, but continued to argue no conservator is needed.

There have been six lawyers sitting across from Judge Shulte. Ernest Hayward and Patina Madison are court-appointed attorneys representing Donna Crean. By law they must advocate for her wishes. Hayward made it clear throughout the trial, his client doesn't want a conservator, but if one is appointed, her choice would be son Andy.

In his closing argument, Hayward stated that travel, visitation and Donna's social structure decisions fall under the Health Care Directive already in place in which Andy Crean is in charge. He believes there are overlaps in this directive and thus no conservator should be named. Though he recognizes there are issues within the family dynamic; Donna's being well cared for even suggesting she wear gloves on outings to protect her from illness when in contact with the public.

Johnnie Crean's attorneys are Bruce Gary and John Wong. Gary read his closing arguments verbatim from a prepared statement stating "the current system is doing enough providing food, clothing and shelter for Donna Crean," thus meeting the criteria not to appoint a conservator. He acknowledged his client's "inability to communicate without throwing gasoline on a fire" and stated "the children want protection from each other, not a criteria for the court to appoint a conservator."

Full Article and Source:
Judge will rule April 20 on Crean conservatorship - Six attorneys involved in closing arguments

See also:
Family Dynasty Battle

7 comments:

Anonymous said...

Donna Crean needs her family - not a conservator.

It should be an easy decision.

Anonymous said...

6 Attorneys, imagine the expense! this is the first time I have seen recognition of "no guardian needed" when a disability is recognized. Let's wait and see!

Anonymous said...

I would bet my hat that this lady ends up with a conservator.

The court has already failed its job by allowing six attorneys to draw out the litigation --- at Mrs. Crean's expense!

Anonymous said...

Anyone have a guess as to how much the lawyers will earn from this 3 ring circus?

Imagine lawyers filling the courtroom to hear one of their own performing in the courtroom stage, what drama!

This is like the underground world of snakes, the dark side of life.

Can you just imagine the wining and dining with all of these actors, lawyers, judges, court clerks etc. congtratulating each other, amusing themselves at our expense.

Anonymous said...

If by law they must advocate for her wishes, then by law, her wishes should take precidence.

No conservator. Not even her son.

She should be allowed to give PoA to her son and that's all that's needed.

Anonymous said...

"The court appointed lawyers are representing Donna Crean." Hah. These attorneys are there to represent the system.

Anonymous said...

I bet the decision due on 4/20 will be delayed!