Cummings v. Guardianship Services

¶1 Pauline Rae Smith was the subject of a guardianship and had live-in caretakers. She died after falling from the window of her third floor condominium. The questions raised here include whether a claim for economic damages under the abuse of vulnerable adults act1 survives where there are no statutory heirs; whether actions he for breach of fiduciary duty and, if so, against whom and for what remedies; whether a guardian acts under color of state law for purposes of the federal Civil Rights Act;2 and *746whether a claim under the Consumer Protection Act3 survives to the benefit of the estate.

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