Legal Opinion
Estate of Prickett v. Womersley
Indiana Supreme Court
Decided May 13, 2009No. 71S03-0808-CV-419PublishedCited by 7 opinions
1Opinion of the Court
SULLIVAN, Justice.
A woman seeks compensation for the value of her services while caring for her mother when the mother was subject to a guardianship. Indiana law presumes that services by a family member are rendered gratuitously. In this case, the presumption cannot be rebutted by evidence that the mother wanted her daughter to be compensated because the mother was under a guardianship and the guardian did not consent.
Background
In October, 1999, the St. Joseph County Probate Court found that Margaret H. Prickett was an incapacitated person who needed the protection of a guardianship. The…
2Cases cited13 opinions
- Harrison v. BishopIndiana Supreme Court · 1892
- Hill v. HillIndiana Supreme Court · 1889
- Estate of Hann v. HannIndiana Court of Appeals · 1993
- In Re the Guardianship of E.N.Indiana Supreme Court · 2007
- Rautenkranz v. PlummerIndiana Court of Appeals · 1921
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cincinnati Insurance Co. v. TroskyIndiana Court of Appeals · 2009
- The Estate of George A. Henry v. Nadene WoodsIndiana Court of Appeals · 2017
- Guardianship: Ray Lamey M.D. v. Ziemer, Stayman, Weitzel & Shoulders, LLPIndiana Court of Appeals · 2017
- Guardianship: Michelle Steege (mem. dec.)Indiana Court of Appeals · 2017
- Sabrina Graham v. Thomas S. Wininger (mem. dec.)Indiana Court of Appeals · 2019
2 more not listed; retrieve them via the Exa API.