Legal Opinion

Joseph P. Rusnak v. Gail Phebus

Court of Appeals of Tennessee

Decided May 29, 2008No. M2007-01592-COA-R9-CVPublished

1Opinion of the Court

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 9, 2008 Session JOSEPH P. RUSNAK, ET AL. v. GAIL PHEBUS Appeal from the Chancery Court for Rutherford County No. 04-8651-CV Robert E. Corlew, III, Chancellor No. M2007-01592-COA-R9-CV - Filed May 29, 2008 The daughter of a nursing home resident used a power of attorney granted by her mother to sell the mother a joint tenancy with right of survivorship in a condominium the daughter owned, with the intention of spending down the mother’s liquid assets so she could qualify for Medicaid. A conservator was subsequently appointed to protect…

2Cases cited20 opinions

  1. Byrd v. HallTennessee Supreme Court · 1993
  2. Staples v. CBL & Associates, Inc.Tennessee Supreme Court · 2000
  3. Blair v. West Town MallTennessee Supreme Court · 2004
  4. Penley v. Honda Motor Co., Ltd.Tennessee Supreme Court · 2000
  5. Pero's Steak and Spaghetti House v. LeeTennessee Supreme Court · 2002

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