Archive for the ‘Conservator’ Category

California Court Rules Against Conservator in Defamation Lawsuit

March 12, 2013

A California woman serving as a conservator lost her defamation lawsuit against a Sacramento television station as an appeals court concluded that she could not prove that the reports aired the report with knowledge that their information was false, or at least reckless disregard for its falsity. In reaching it conclusion, the court in Young v. CBS decided that, because conservators are very powerful agents acting under the authority of a court order, and could reasonably trigger scrutiny by the public, they are public figures for purposes of defamation lawsuits. The ruling serves as a warning to any a conservator in California, making clear that, by accepting an appointment as a conservator, any person may subject him/herself to public figure status, and a much more difficult path to recovery, if he/she believes he/she is defamed by a news organization.

In November 2006, Sacramento County Adult Protective Services asked Carolyn Young to serve as the conservator for an allegedly incapacitated adult, 86-year-old Mary Jane Mann. Young, a professional conservator and fiduciary for more than a decade and a half, petitioned the court for the appointment. Almost immediately after the court appointed Young as temporary conservator, the senior and one of her daughters, Monika Mann, began contesting the conservatorship. A non-judicial mediation yielded an agreement where Young agreed to petition for dissolution of the conservatorship in exchange for Young becoming a co-trustee of Mann’s trust.

Shortly thereafter, the CBS television station in Sacramento, KOVR-TV, investigated the Mann conservatorship. A week later, KOVR aired a news story entitled “A Life Hijacked,” which stated that Young “effectively took over Mann’s life without Mann’s knowledge [including] Mann’s bank accounts, investments, and her trust. Young had Mann’s mail forwarded to her office and had Mann’s driver’s license lifted.” The report went on to claim, or insinuate, that Young stole from Mann, threatened her, battered her and trespassed onto her property.

Full Article & Source:
California Court Rules Against Conservator in Defamation Lawsuit

See Also:
California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on CBS Report About Conservatorships

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