Hamilton

Introduction

This is an appeal from an order amending a trust instrument nunc pro tunc. The issue in this appeal is whether the trial court, in entering its order nunc pro tunc, was correcting the original order establishing the trust because it had not been correctly memorialized through clerical inadvertence or mistake, or whether, as claimed by movant and appellant Department of Developmental Services (DDS) the court was attempting to remedy a judicial error or omission in the entry of its original order, and in doing so, materially changed the order originally rendered. We conclude the order nunc pro tunc exceeded the limited permissible purpose, and therefore was erroneously entered. Consequently, we hold the order should be reversed.

Background Facts

In the summer of 1982, Virgil Lament Hamilton (the minor) suffered severe brain damage arising out of a swimming pool accident. He was left severely disabled and will require extensive medical treatment for the rest of his life. Since October 26, 1982, he has resided and received skilled care at Agnews Developmental Center (Agnews), a state facility.

On March 23, 1984, an order was entered approving the compromise…