Harvey v. Meador

459 So. 2d 288
CourtMississippi Supreme Court
DecidedNovember 7, 1984
Docket54351
StatusPublished
Cited by34 cases

This text of 459 So. 2d 288 (Harvey v. Meador) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harvey v. Meador, 459 So. 2d 288 (Mich. 1984).

Opinion

459 So.2d 288 (1984)

Guy B. HARVEY and Joseph A. Harvey
v.
Louis Valley MEADOR.

No. 54351.

Supreme Court of Mississippi.

November 7, 1984.

*290 Ronnie L. Walton, Williams, Glover & Walton, Meridian, for appellants.

Thomas J. Lowe, Jr., Jackson, J.C. Martin, Jr., Waynesboro, for appellee.

Before BOWLING, DAN M. LEE, PRATHER and SUGG,[1] JJ.

PRATHER, Justice, for the Court:

This appeal addresses the appropriate legal standard to be applied when appointment of a conservator is sought. Guy B. Harvey and his brother, Joseph A. Harvey, petitioned for their appointment as co-conservators of the estates of their four elderly uncles. The Chancery Court of Wayne County dismissed the petitions, and the Harveys appeal to this Court.

The assignment of error is that the chancellor's findings were manifestly wrong and against the overwhelming weight of the evidence.

I.

The appellees in this case are four unmarried elderly brothers who reside in Wayne County, MS. At the time of the hearing, Joe Meador was 93 years of age, Alec McCain Meador was 89 years old, Louis Valley Meador was 82 years old, and William Allen Meador was 80 years old. Subsequent to the filing of this appeal, Joe, Alec, and William died. The deceased Meadors' only living relatives are their brother Louis, their sister Ruth Meador Harvey, and her three children. Two of these children, Guy B. Harvey and Joseph A. Harvey, are the appellants.

Each of the Meador brothers owns several hundred acres of land in Wayne County, MS. In addition, each owns an undivided one-eighth interest in 320 acres of farm and timber land in Kentucky. In April of 1982, Colon F. Bazor, Sam Kennedy, Jr., and Norman Triggs purchased the Meadors' interest in the Kentucky property at the price of $5,000.00 to each of the four brothers, roughly $135.00 per acre. At trial, the farmer who rents the property testified that the land was worth between $800.00 and $1,000.00 per acre.

All of the Meador brothers have been plagued by health problems. Joe was essentially blind and suffered from senile dementia. William suffered from chronic heart disease and, because of inability to manage his medicine, suffered periodically from digoxin toxicity. Alec also had trouble administering his medicine; in April of 1982, he was admitted to an intensive care unit for eleven days because of excessive levels of digitoxin.

Louis Meador lives alone in a shabby house without electricity or running water. He keeps the windows boarded up because of his fear that people might break in.

The Meador brothers are represented in this action by J.C. Martin. Martin represented Bazor, Kennedy and Triggs in the purchase of the Kentucky property. According to Kennedy, he and Bazor were sharing the legal fees of J.C. Martin in opposing the conservatorship.

At the trial Louis Meador testified that Attorney J.C. Martin was not his lawyer. *291 When shown a letter of employment to Mr. Martin, Louis said he didn't know what it was. When shown the answer filed in his behalf in this action, Louis said he believed it to be a lease on the land in Kentucky.

Billy Meador testified that he didn't know how much property he owned in Kentucky, and he had no idea what it was worth. He said that he thought that all he had sold was a power line easement across the Kentucky property.

Upon the chancellor's finding that "the evidence was not sufficient to establish the need for a conservator for either [sic] of these four elderly gentlemen," the petition for the appointment of conservators was dismissed.

II.

A conservator for the management of property may be appointed by the chancery court of the county of the residence of any person who "by reason of advanced age, physical incapacity, or mental weakness is incapable of managing his own estate." Additionally, "if the court deems it advisable," the conservator may have charge and custody of the person as well as the property. Miss. Code Ann. § 93-13-251 (1972). To make the determination of need for such an appointment, the "chancery judge shall be the judge of the number and character of the witnesses and proof to be presented, except that there shall be included therein at least two (2) reputable physicians... ." Miss. Code Ann. § 93-13-255 (1972). The physicians must be authorized to practice medicine in this state and "shall have had at least three years actual practice and made a personal physical and mental examination of the party. Miss. Code Ann. § 93-13-255 (1972).

The statute specifies that a conservator of the estate may be appointed by reason of (1) advanced age, (2) physical incapacity, or (3) mental weakness, any of which three factors have rendered the person incapable of managing his own estate. In absence of a statutory definition of these three conditions, this Court first addresses the interpretation of the legal standard to be applied.

III.

Initially, it is appropriate to distinguish guardianships from conservatorships.

Guardians may be appointed for minors, Miss. Code Ann. § 93-13-15 (1972); or incompetent adults, Miss. Code Ann. § 93-13-121 (Supp. 1983); a person of unsound mind, Miss. Code Ann. § 93-13-123, 125 (1972); alcoholics or drug addicts, Miss. Code Ann. § 93-13-131 (1972); convicts in the penitentiary, Miss. Code Ann. § 93-13-135 (1972); persons in the armed forces or merchant seamen reported as missing, Miss. Code Ann. § 93-13-161 (1972); or for veterans entitled to receive moneys from United States Veterans' Bureau, Miss. Code Ann. § 35-5-5 (1972) or minor wards of a veteran, Miss. Code Ann. § 35-5-7 (1972).[2] The guardian is the legally recognized custodian of the person or property of another with prescribed fiduciary duties and responsibilities under court authority and direction. A ward under guardianship is under a legal disability or is adjudged incompetent.

In recent decades there has been an increased number of older adults in our society who possess assets in need of protective services provided through guardianships. But modification of laws have broadened the definition of persons for whom assistance can be afforded by the courts, and such statutes do not restrict such protection only to the adult incompetent or insane.

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Bluebook (online)
459 So. 2d 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harvey-v-meador-miss-1984.