Peggy Greer's story helped bolster the rights of people living under court-appointed guardians in Minnesota, but her legal effort to regain her lost money has foundered.
In February, the Star Tribune reported how a professional guardian and conservator appointed by a judge had spent $672,808 of Greer's money over the objections of family members that the spending was excessive and unjustified. Greer won back the power to make decisions for herself in July 2007, but by then her assets were exhausted and the guardian and conservator no longer opposed their dismissal.
The story got the attention of the Minnesota Legislature, which passed a law that created a bill of rights for wards and protected persons, improved their ability to challenge decisions made on their behalf, and required guardians and conservators to register with the state courts starting in 2013. Greer also got the help of two attorneys who filed a lawsuit in Hennepin County District Court alleging that her former guardian and conservator failed to protect her assets or act in her best interest.
In November, Judge Marilyn Kaman threw out the heart of the lawsuit, accepting the arguments of Professional Fiduciary Inc. (PFI) and Wells Fargo that Greer should have filed her objections during her now-settled guardianship and conservatorship, which ended in 2007. The ruling also dismissed all claims against PFI attorney Ruth Ostrom. One claim remains alive, that the guardian improperly released private information about Greer before and after the Star Tribune article, and the earliest possible trial date would be the fall of 2010.
Full Article and Source:
Whistleblower Update, Part 2
Greer Files Suit