Attorney Acting as Her Father's Guardian Suspended for Professional Misconduct

Indiana's highest court suspends an attorney who disobeyed the guardianship court while acting as her father's guardian, but rules she did not commit criminal conversion when she made payments to herself from his estate because she reasonably believed her actions were authorized. Matter of Gabriel (Ind., No. 18S-DI-6, April 11, 2019).

Attorney Majorie Gabriel moved to Indiana to care for her ailing father. The court appointed Ms. Gabriel guardian of her father's person and estate. Ms. Gabriel spent her own savings on her father's behalf. After suffering health issues that prevented her from working, Ms. Gabriel's savings and assets were depleted. Ms. Gabriel's father's estate received the proceeds from the sale of his house, and Ms. Gabriel made payments to herself without getting court approval. The guardianship court held Ms. Gabriel in contempt and ordered her to provide an accounting, which she did not do.

The Indiana Supreme Court Disciplinary Commission filed a complaint against Ms. Gabriel for violating professional rules of conduct regarding knowing disobedience of a guardianship court's order and criminal conversion. Ms. Gabriel admitted to disobeying the court, but argued that she believed her actions in paying herself were authorized. The hearing officer found Ms. Gabriel did not commit criminal conversion, and the commission appealed.

The Indiana Supreme Court suspends Ms. Gabriel for 90 days. The court finds that Ms. Gabriel did not commit criminal conversion or exploitation because she reasonably believed her actions were authorized and her father did not suffer any harm as a result of her actions. According to the court, Ms. Gabriel "was striving under very difficult circumstances to help her ailing father, and in the big picture her various expenditures of personal and guardianship assets resulted in a net gain for her father."

For the full text of this decision, go to: https://www.in.gov/judiciary/opinions/pdf/04111901per.pdf

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