Day v. Seblatnigg

Summary

The court held that a person who voluntarily obtains a conservatorship does not retain concurrent authority with the conservator over matters assigned to the conservator's control. Because the conservator had exclusive authority over the relevant estate matters, the trust created by the voluntarily conserved person was void ab initio, and the lower courts properly entered summary judgment. The court did not decide whether the assets in the preexisting revocable trust were part of the conservatorship estate or whether the trust transaction involved testamentary capacity. Justice McDonald, concurring, agreed with the judgment but emphasized unresolved questions concerning trusts, testamentary acts, limited voluntary conservatorships, and the need for legislative review.