The Court of Appeals found that H. Allen Whitehead violated the rules of professional conduct when he used $600,000 of estate assets to purchase a rent-stabilized residential property.
Whitehead later repaid the estate in full. Judge Lynne A. Battaglia wrote on behalf of the majority, “removal of the $600,000 without court approval was clearly a misappropriation.”
Whitehead later repaid the estate in full. Judge Lynne A. Battaglia wrote on behalf of the majority, “removal of the $600,000 without court approval was clearly a misappropriation.”
Whitehead was appointed conservator by the Superior Court of the District of Columbia for the estate of Reginald V. Grayson, an adult disabled ward. It was Whitehead’s first appointment as a conservator.
According to the opinion and Whitehead’s own admission, he failed to familiarize himself with the District of Columbia rules regarding conservatorship. Whitehead was not aware he needed prior court approval to pay himself $40,200 in legal fees, or to use any assets of the estate. Whitehead had given the estate a note, deed of trust and assignment of rents. After becoming aware of his misconduct, Whitehead repaid the legal fees and paid the note in full with interest.
Whitehead was ultimately disbarred. Whitehead took exception to the findings that he only repaid the estate because the probate division asked about it and that he engaged in conduct involving dishonesty, fraud, deceit or misrepresentation.
The court denied the exceptions. The court said Whitehead’s motivation was irrelevant.
“He intentionally took the money out of the conservatorship; its utilization, or lack thereof, does not alter the character of the misappropriation.”
5 comments:
Judges should be made liable for failingi to monitor fiduciary activity more closely, and even for "rubberstamping" their excessive fee requests.
The guardianship system is set up to allegedly "protect" the ward and the nation's citizen are to assume that court appointed guardians are beyond reproach.
I didn't realize before our ordeal in probate court that attorney jokes are truly founded in reality.
I cannot believe that even a child in the primary grades would believe H. Allen Whitehead or the attorney that represented him.
I do not believe one word of his excuse for stealing the estates assets.
A child would not consider that this lawyer was not familiar with conservatorship laws and procedures!
A child would know that H. Allen Whitehead is not telling the truth; he should have been turned over to law enforcement; he should have been investigated and prosecuted by the Attorney General.
A child would agree that Attorney Whitehead should disbarred and he should be sitting in a prison cell with court ordered full restitution.
All of the elements are there for criminal charges.
The ward did not have the ability to complain, approve or disprove of any action. Yet it is the WARD that PAYS for everything. Even the mistakes of the court.
If the family fights for the rights of the ward, who pays?......The ward. Now that is protection, today's style, 2008.
Wake up and start fighting!
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