Conservatorship of Johnston CA1/2

STATEMENT OF THE CASE AND FACTS

Wardell Johnston, Jr., is an elderly man suffering from dementia and other medical conditions, presently living at the Silverado Senior Living facility in Belmont.

1 Appellant, Kenneth Seastrom, a long-time friend of Johnston’s, was appointed Conservator of the Person for Johnston in October 2007. Johnston’s court-appointed attorney opposed appellant being appointed conservator of the estate, believing a fiduciary should serve in that role. Shortly thereafter, respondent, Kim Schwarcz, a professional fiduciary, was appointed Conservator of the Estate. In August 2008, respondent sought an order to sell Johnston’s house. Johnston had been living in care facilities since 2007, and respondent informed the court that his house was in “bad shape,” she had received bids for repairs in the amount of $250,000, and it was going to be difficult to maintain insurance on the property. Photographs of the house reflect the extent of Johnston’s hoarding behavior. The court denied the petition without prejudice, finding that financial need for sale had not been justified and the conservatee had to be asked directly about the proposed sale. Respondent proceeded…