California Court of Appeal

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Conservatorship of the Estate of McQueen, A126825

In a conservator's suit on behalf of a mentally and physically disabled elder, against several of the elder's family members and the family's legal representative, claiming that the defendants violated the terms of a trust set up for the elder by her father when they sold the family residence, in which the elder held a life estate, without her consent or knowledge and then misappropriated the entirety of the sales proceeds for their own use, the trial court's jury instruction that the government benefits received by the elder based on her long-standing disabilities and financial need could not be considered in awarding damages, is affirmed, where because the SSI payments were entirely independent of defendants, it was properly excluded from consideration by the collateral source doctrine.

Appellate Information

  • Decided 01/14/2011
  • Published 01/14/2011

Judges

  • RUVOLO

Court

  • California Court of Appeal

Counsel

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