Barnes v. Gideon

Rees, J.:

This is an action brought for an accounting and recovery of damages in which it is alleged defendant breached fiduciary duties owed plaintiff while he acted as her guardian.

Defendant was appointed guardian of the estate of plaintiff by order of the Shawnee County Probate Court in 1961. He served in that fiduciary capacity until discharged in 1967. At all times defendant acted as guardian, plaintiff was a minor. Plaintiff’s eighteenth birthday was January 16, 1974.

Suit was filed on March 1,1976. Incorporated into the amended petition was a series of documents entitled “Waiver of…