But the $120,766 awarded to the bank is less than half of what it spent in a four-year legal battle with Keenan.
The bank had sought more than $300,000 to recoup the costs of contesting Keenan’s petition for independence, costs of an appeal, costs of litigating issues remanded by a Colorado appeals court and interest on its unpaid bills.
In February, the appeals court ruled the bank had reasonably contested Keenan’s efforts to terminate its services as his conservator but left open the question of whether the bank could collect $217,466 in legal fees and costs. That issue was remanded to the Boulder district court.
In Boulder, the bank also requested $40,457 for appeal costs, $20,585 for litigating the remanded issue and $30,928 in interest.
Boulder District Court Judge Thom as Mulvahill ruled Oct. 21 that the bank “employed reasonable litigation tactics” because Keenan “was effectively challenging every transaction and expenditure involving the conservatorship” besides petitioning for independence.
But the judge rejected the bank’s requests for interest and payment and reduced the payment on its fees.
In doing so, the judge found that Keenan should not have to pay for the bank’s “protracted and expensive handling” of his requests for a new manual wheelchair and portable wheelchair charger.
Mulvahill also deducted a portion of the bank’s expenses, ruling that the bank “is in a relatively better financial position to bear the attorney fees and costs resulting from the litigation than is Keenan.”
Full Article and Source:
Recovered Patient’s Tab to Break With Conservator $120,766