Appeals court hears dispute over conservatorship decisions, health‑care proxy and attorney fees after conservatee's death

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Attorneys urged the Appeals Court to review a contested conservatorship and accounting trial that culminated in the removal of a conservator and an award of attorney's fees.

Robert O’Regan, appearing for an appellant, argued that some trial issues — including whether the health‑care proxy was properly invoked and whether the conservator had authority to keep Mr. Kuzma in long‑term care — remain justiciable despite Mr. Kuzma’s death because of possible fee awards and other remedies. He sought a remand on questions including potential surcharge of expenditures that might have improperly benefited the conservator.

Counsel for the conservator and prevailing parties defended the trial judge’s factual findings and fee award, noting an extensive factual record and the judge’s discretion in accounting matters. Michael Gillis, representing the conservator, said the record contained detailed findings spanning many paragraphs that supported the judge’s decisions.

The court questioned counsel about what practical relief would remain after the conservatee’s death. Appellants said attorney‑fees resolution and potential surcharge claims remain live; respondents argued that the death of the conservatee mooted many of the requested remedies.

The court took the argument under advisement; the appeal raises procedural and equitable questions about remedies available when the protected person dies after a contested conservatorship proceeding. 

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Appeals court hears dispute over conservatorship decisions, health‑care proxy and attorney fees after conservatee's death