Day v. Seblatnigg

Summary

The court held that a person subject to a voluntary conservatorship does not retain concurrent authority over matters assigned to the conservator of the estate. Because the conservator had exclusive control over those matters, the conserved person's creation and funding of the irrevocable trust lacked legal authority, making the trust void ab initio and requiring return of the transferred assets. Justice McDonald, joined by four justices, concurred while emphasizing unresolved questions concerning testamentary acts, trust assets, and legislative safeguards for voluntary conservatorships.