Farmer v. Farmer

226 P.3d 1030, 2010 WL 986622
CourtAlaska Supreme Court
DecidedMarch 19, 2010
DocketS-13330
StatusPublished

This text of 226 P.3d 1030 (Farmer v. Farmer) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farmer v. Farmer, 226 P.3d 1030, 2010 WL 986622 (Ala. 2010).

Opinion

226 P.3d 1030 (2010)

Robert L. FARMER, Appellant,
v.
Barbara FARMER, Appellee.

No. S-13330.

Supreme Court of Alaska.

March 19, 2010.

*1032 Martin A. Engel, Office of Public Advocacy, Anchorage, for Appellant.

Barbara Farmer, pro se, Anchorage.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and CHRISTEN, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

A probate master appointed a temporary limited conservator for Robert Farmer. The conservatorship was reviewed the following year; the probate master held a hearing, found that Robert was incapacitated, and recommended that his daughter be appointed partial limited conservator. The superior court considered the matter de novo and ultimately adopted the probate master's findings and recommendations. Robert appeals, arguing: (1) the evidence does not support the need for appointment of a conservator; (2) the court failed to make a necessary finding for the appointment of a conservator; and (3) the conservatorship order is not the least restrictive alternative. Because its findings are sufficiently complete and not clearly erroneous and because it did not abuse its discretion in fashioning the conservatorship order, we affirm the superior court's decision.

II. FACTS AND PROCEEDINGS

Robert Farmer resides in Anchorage. He has four children, including daughters Barbara and Anita. Robert worked for the State of Alaska but his employment was terminated in January 2005. He filed suit against the State for wrongful termination, and also filed suit against other government entities. Approximately one year later Robert fell behind on his mortgage payments. To avoid foreclosure Barbara and Jennifer Farmer — Barbara's mother and Robert's wife — borrowed money from Jennifer's sister to make the mortgage payments, and Barbara also began to pay for Robert and Jennifer's utilities.

During the summer of 2006 Robert worked temporarily as a surveyor. In December 2006 Jennifer died and the home was again in danger of foreclosure. Barbara made additional mortgage payments to avoid foreclosure.

In January 2007 Barbara filed a petition for appointment of a guardian and conservator for Robert to protect Robert's home from foreclosure. Barbara continued to pay Robert's utilities during the spring and summer, even though foreclosure proceedings began in March and the foreclosure auction was scheduled for August.

The probate master held a hearing in August 2007 and found that Robert was "unable to manage his property and affairs effectively" and his home would be wasted or dissipated absent management by a conservator. The probate master appointed Anita temporary limited conservator for six months. As temporary limited conservator Anita was allowed only to sell Robert's home to Barbara and to manage the sale proceeds. Robert was allowed to reside in the home for at least one year after Barbara purchased it, with the mortgage payments for that year to be paid from the sale proceeds.

As it turned out, Anita conveyed Robert's home to Barbara in December 2007 with Barbara assuming the existing mortgage; the plan was to repair and market the home for sale, with the proceeds providing for Robert's future housing needs. Barbara began making improvements to market the home, but Robert, who continued to live in the home, often interfered with her efforts.

In March 2008 Barbara petitioned the superior court to review the conservatorship. The probate master held a hearing in August 2008. Barbara testified that she paid for Robert's utilities for almost two years, acquired food stamps and heating assistance *1033 for Robert and two younger siblings living in the home, and made mortgage payments to avoid foreclosure. She testified that she and her siblings had rented an apartment for Robert but he was unwilling to move into it. She stated that Robert "has an inability to prioritize" his financial obligations and spends money in an "irrational way"; for example, although he did not pay his phone bill, Robert bought electronics, engaged in unnecessary home-improvement projects, and spent money on alcohol, tobacco, and his lawsuits. According to Barbara, Robert refused to apply for disability benefits for fear that doing so would harm his lawsuits. In her closing comments to the probate master Barbara stated "[w]e are 100% unable to market the home while [Robert is] in it."

Robert then testified, claiming he used his retirement benefits to pay for utilities, his mortgage, and his wife's medical expenses. Robert stated he had applied for multiple state and federal assistance programs. He also testified he has a claim pending from the Exxon Valdez oil spill.

The court-appointed visitor[1] filed a report, noting that Robert displayed "poor judgment" regarding his funds and concluding that he was in need of a conservator. The court visitor emphasized that Robert's employment as a surveyor was seasonal. She also noted that a 2005 Veterans Administration evaluation was the only medical information available because Robert refused further evaluation.

The probate master found Robert was incapacitated "to the extent that he cannot effectively manage important financial matters and related decision making." The probate master noted Robert's refusal to consent to psychological or neurological testing, obsession with the "notion that the State of Alaska is persecuting him," abuse of alcohol, engagement in a series of expensive and time-consuming lawsuits against the State, and unwillingness to attend to important financial matters. The probate master also found Robert "exhausted his retirement accounts after a short time" and failed to pay utilities and other expenses. The probate master determined "[i]t is clear that Mr. Farmer's ability to make decisions and manage important financial matter[s] is significantly impaired by his apparent cognitive limitations and long time pattern of conduct."

The probate master recommended that Barbara be appointed partial limited conservator, with the authority to repair and market the home, locate and arrange substitute housing for Robert, and manage the net proceeds of the home's sale for Robert's future housing needs. The probate master also recommended that the appointment terminate in one year unless extended by the court, and that Robert vacate the property by October 1, 2008.

The superior court exercised its discretion to conduct a hearing de novo.[2] The court visitor testified at the hearing and agreed with the probate master's findings, emphasizing Robert's lack of steady income. Barbara testified about the events leading to the foreclosure and her purchase of the home. She described the repairs she made to the home and Robert's resistant behavior. She expressed concern that Robert was then unemployed and attributed Robert's monetary problems to his spending on the lawsuits, alcohol, electronics, and unnecessary home-improvement projects.

Robert also testified at the hearing. He described his employment history and the lawsuits he had filed against the State and other government entities. He denied mismanaging his funds. Robert admitted drinking beer and wine daily but denied abusing alcohol.

The superior court ultimately approved the probate master's findings[3] and adopted the *1034 probate master's recommendations, except that the date Robert was to vacate the home was changed to November 1, 2008.

Robert appeals.

III. STANDARD OF REVIEW

"We review the appointment of a limited guardian or conservator for abuse of discretion."[4]

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Cite This Page — Counsel Stack

Bluebook (online)
226 P.3d 1030, 2010 WL 986622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-farmer-alaska-2010.