Probate Judge May Have Enabled Fraud on the Elderly

Elderly individual Marie Long had a stroke in 2005 and subsequently came under the protection of Lindsay Ellis, a probate court judge, who appointed Sun Valley Group as Marie’s guardian. Marie was worth $1.3 million in 2005, but now she depends on taxpayers for support.

Judge Ellis allowed Sun Valley Group use all of Marie’s funds. Ellis also suggested that Sun Valley Group sue two attorneys, Gitre and Raynak, for driving up fees by repeatedly objecting to the drain on Marie’s account.

In reality, Gitre and Raynak worked for free to try to protect Marie. They were hired by Marie’s sisters and  filed a lawsuit claiming that Sun Valley had a duty to investigate if the Arizona Department of Veterans Services could have helped Marie. ADVS would have served as Marie’s guardian for $75 a month because she was the widow of a veteran, a fraction of the $183,000 paid to Sun Valley for guardian fees. Gitre and Raynak also claim that Sun Valley breached its fiduciary duty by self dealing and charging unreasonable fees.

In the end, Marie got nothing. Ellis dismissed Marie’s claim, saying that she can’t sue due to her incapacity. Ellis further found that Gitre and Raynak had no legal standing to sue for breach of fiduciary duty. Finally, Ellis found that Marie’s sisters also did not have standing to sue Sun Valley.

However, Marie may have some good news. The court commissioner who inherited the case found that Ellis did not approve the final $104,000 that Sun Valley and its attorneys claimed they were owed. Perhaps Marie will get at least this back.

See Laurie Roberts, Probate Court Asked to Sanction Attorneys in Marie Long Case, The Arizona Republic, April 10, 2010.