Saturday, October 25, 2014

Zavalidroga stripped of power of attorney status for mother


ROME>> After a two-day guardianship hearing this week in Oneida County Supreme Court, Judge Samuel Hester ruled that Tomas Zavalidroga no longer has power of attorney status over his mother, Margaret Zavalidroga, an attorney connected to the case said.

In court, Tomas faced off against his brothers Victor and Jon Zavalidroga, who sought to have Tomas stripped of his power of attorney status over Margaret Zavalidroga and void recent land transfers from Margaret to Tomas. One of the main issues being two quitclaim deeds filed by Tomas using his power of attorney status, transferring to him two parcels of land on Forward Road in Blossvale, that had previously been in Margaret’s name.

Colin LaReaux, a Utica-based attorney representing Victor and Jon in the guardianship matter said that Tomas did not retain an attorney to represent him for this matter.

The hearing was conducted Tuesday and Wednesday after which Hester ruled that Tomas was not to be his mother’s power of attorney, and neither was Jon or Victor, LaReaux said, adding that “soon” mother Margaret will have a court-appointed guardian.

LaReaux declined to go into specifics regarding why the judge ruled for an independent guardian rather than Jon and Victor handle Margarets affairs, other than saying that Hester felt it best to appoint someone outside the family.

Previously, Hester ruled that the press and public will be barred from the guardianship hearing because of the need to discuss health and financial information of Margaret Zavalidroga.

Related to the guardianship issue, is an ongoing criminal case that began in July, when Tomas was charged with reckless endangerment and making a false report to police, both misdemeanors; after he reported Margaret Zavalidroga, 83 missing.

Police say that Tomas knowingly led his mother into the woods and then made a missing persons report.

They both lived on Forward Road in Blossvale. Margaret was missing for almost three days, before being found partially clothed in a wooded area of Oneida by a search and rescue team.

Full Article & Source:
Zavalidroga stripped of power of attorney status for mother

See Also:
Judge closes Zavalidroga guardianship proceedings to public

Brothers Seek Control of Mother's Finances

4 comments:

Kay said...

Sadly, the mother is the one who will suffer most.

B Inberg said...

Exactly, countless times in the USA and around the world, the court will appoint a stranger, an independent, professional guardian, lawyer, a non family member as guardian of person and estate.

Good luck to the Zavalidroga family, the petitioners.

Anonymous said...

This is a complicated family drama but the saddest thing is that Mom ended up in a guardianship.

Connie said...

I agree B. Inberg, but sometimes family members truly don't have their Mother's best interest and heart and they won't listen to reason, and try as everyone might, there is no other choice but guardianship. That's tragic but it happens.