An October 11, 2013 Petition for Attorney Fees by Court Appointed Counsel establishes the duties of the court appointed attorney.
Petitioner, MARK J. ANDREW FLORY, court appointed attorney for the conservatee herein, after rendering legal services necessary in representation of the conservatee’s person and estate, alleges:
1. Court Appointment: On August 9, 2010, the court appointed the petitioner as counsel for the conservatee herein.The petition includes a request for attorney fees to be paid to Mark Flory from the conservatee’s estate. Page one of Flory's invoice shows that Flory collected $70,758.75 from the conservatee’s estate prior to June 30, 2012. The October 11, 2013 petition requests an additional $83,306.00 from the conservatee’s estate.
The conservatee’s family objected to Flory’s request for fees, alleging that Flory opposed the conservatee’s right to have visitors and opposed the conservatee’s right to have routine medical care. Flory also opposed the conservatee moving out of Wildwood Canyon Villa, an assisted living facility where records establish that she was forcibly isolated and chemically restrained with anti-psychotic drugs. Records also contain many indicators of long-term sexual abuse by a male caregiver at Wildwood.
In March 2013, family’s legal counsel asked Flory to investigate possible sexual abuse at Wildwood Canyon Villa. For nearly a year, there was no indication that Flory conducted any investigation. Then Flory’s February 6, 2014 Response to Objections indicates he may have investigated the wrong facility.
Kincaid alleges that while Carol Hahn was at Braswell’s Hampton Manor an incident of possible sexual abuse occurred and that Counsel for Linda Kincaid ask [sic] Mr. Flory to investigate. Mr. Flory did make a reasonable investigation. There was no evidence of any kind of abuse.If Flory investigated Braswell’s Hampton Manor, then it is unlikely he identified any indicators of sexual abuse. The indicators of sexual abuse were contained in records from spring 2011 to summer 2012, when the conservatee resided at Wildwood Canyon Villa. The strongest indicators of sexual abuse were in records from July and August 2012.
Wildwood Canyon Villa evicted the conservatee in early September 2012, and she transferred to Braswell’s Hampton Manor. There were no further indicators of sexual abuse after the conservatee was allowed to leave Wildwood.
Legal counsel for the conservatee’s family served a deposition subpoena on the male caregiver who worked night shift at Wildwood in spring 2011 through summer 2012. On November 6, 2014, legal counsel for Wildwood Canyon Villa filed the following objection.
Respondent objects to the Notice and subpoena and to providing any testimony to the extent that it violates his rights under the Fifth Amendment of the U.S. Constitution;Legal counsel for the conservatee’s family took the deposition of the male caregiver on November 20, 2014. The deposition of the alleged abuser took place in the law office where Flory is currently employed. Flory did not attend the deposition, nor did he show any interest in the deposition.
Flory indicated that he will seek additional “fees on fees” in the amount of about $50K from the conservatee’s estate. In total, Flory is seeking about $200K for his “services” to the conservatee.
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Court appointed attorney may have investigated sexual assault at wrong facility