Conservatorship of Resnick CA1/1

INTRODUCTION

Barbara R. Simon, formerly the conservator of the estate of Elizabeth Resnick, appeals from an order of the probate court order denying Simon conservator fees for the final work she did following Resnick’s death. The court denied fees based on what it perceived were inadequate efforts by Simon to check on Resnick’s personal well-being the weeks immediately prior to her death. We reverse. The probate court effectively penalized Simon for conduct it had expressly approved in connection with the accounting period ending on the date of Resnick’s death, which we will refer to as the “pre-death accounting period.” That prior order, approving Simon’s work as conservator, was final months before the court did an about-face and ruled that same conduct was egregiously deficient. Not only did the probate court lack the power to effectively vacate its prior order and revisit the adequacy of Simon’s actions

1 during the pre-death accounting period, but Simon’s actions during that prior period had no relevance to the appropriateness of her actions and her entitlement to conservator fees during the subsequent accounting period following Resnick’s death, which we will refer to as…