Verdicts & Accomplishments

Nursing home – Breach of Contract against Spouse of Nursing Home Resident

Summary: Nursing home alleged that the spouse (firm’s client) of a deceased nursing home resident was liable for nursing home charges incurred by the resident. Lori W. Kingston defended the Spouse and produced a favorable outcome for her client by Summary Judgment. Ms. Kingston’s client was found not liable for her deceased husband’s nursing home costs that were in excess of $50,000.00.
Lead Attorney: Lori W. Kingston

Trust Action – Removal of Trustee

Summary: As a beneficiary of the Trust, the client wished to remove the acting Trustee on the basis of various causes. By Order of the Court after trial, the Trustee was removed. A third party Successor Trustee was appointed by the Court. By removing the Trustee, the estate was preserved for the benefit of the client.
Lead Attorneys: Phyllis J. Bryce Cara C. Wells

Removal of Guardian – Restoration of Capacity

Summary: The Ward (firm’s client) was placed under a guardianship due to incapacity. Ward was placed in a nursing home, where treating physicians determined that Ward had regained capacity. After Court Hearings regarding Ward’s restoration of capacity and Guardian’s failure to recognize restoration; Ward was released from the Guardianship Proceedings.
Lead Attorney: Cara C. Wells

Medicaid Denial Appeal

Summary: Firm’s client was denied Medicaid due to assets above the Medicaid Income Guidelines. After appeal, it was determined that the previously counted assets should not be used in the Income Guideline Calculations. Client was approved for full Medicaid benefits. Additionally, OHCA reimbursed Client for medical costs incurred during the time of denial. Client recovered approximately $12,000.00.
Lead Attorney: Lori W. Kingston

Guardianship – Court Appointed Guardian of the Person

Summary: After the requested removal of the previous Guardian of the Person and Estate of a disabled young man, Ms. Bryce was appointed Guardian of the Person by the Court. The young man had numerous legal matters pending that would greatly affect his future success in life. By working with the young man and community organizations, Ms. Bryce was able to present the young man with several opportunities that would benefit him.

Guardianship – Young Adult with Mental Illness

Summary: A family member (client) sought guardianship over a young adult that suffered from an eating disorder. The disorder was putting the young adult’s life in danger. Through guardianship and coordination with physicians, the young adult was able to get the care she needed. After treatment, the family member was able to remove the guardianship.
Lead Attorney: Phyllis J. Bryce

Guardianship – Adult with Mental Illness

Summary: A family sought guardianship over a middle-aged woman because of her depression and other medical conditions. The family wished to force Electroconvulsive Therapy (ECT) a/k/a Electroshock Therapy on the woman who was refusing such treatment. Because of the drastic nature of the treatment, the Court appointed Ms. Bryce and Ms. Wells as attorneys to represent the woman. After hearing the arguments, the Court ruled that such drastic treatment could not be forced on the woman without her consent.
Lead Attorneys: Phyllis J. Bryce Cara C. Wells

Paternity – Modification of Existing Visitation Agreement

Summary: The mother (client) of a toddler wished to modify the existing visitation agreement she had with the toddler’s father. The father had demonstrated an unsafe living environment and an increase of violence towards the mother and the toddler. After trial, the Court agreed with the Mother and ordered supervised visitation using professional supervised visitation organizations.
Lead Attorney: Cara C. Wells

Family Law – Child Support Arrears

Summary: Client being bought to Court for alleged past due child support expenses in an amount exceeding $6,500.00. Child was now 19 and ex spouse was requesting reimbursement for medical and child care retroactive to date of decree in 1994. After trial, an Order was issued that client owed only $1,400.00 of the total amount with late fees.
Lead Attorney: Lori W. Kingston

Probate – Intestate Estate

Summary: A man passed away without an Estate Plan. His wife (firm client) wished to become Personal Representative of his estate so funds could be disbursed to the heirs. Through investigation, our office located a lost daughter of the man and was able to contact her and disburse a portion of the proceeds to the daughter.