The Minnesota Supreme court disbars an attorney who used her authority pursuant to a power of attorney to financially exploit her elderly father. The court concludes that there was no evidence the attorney's psychological disorders caused her misconduct. In Re Petition for Disc. Action Against Mayne (Minn., No. A08-1522, June 10, 2010).
In 2005, attorney Lisa Jane Mayne's father executed a power of attorney naming her as his attorney-in-fact. At the time, he was in his mid-seventies and had diabetes and early stage Alzheimer's disease. Between then and 2007, Ms. Mayne took approximately $60,000 from her father's bank accounts for her own use while failing to pay $45,000 in bills her father owed to nursing homes. Ms. Mayne's sister alerted authorities and Ms. Mayne was subsequently convicted of financial exploitation of a vulnerable adult, a felony. She was sentenced to 18 months in prison, with execution of the sentence stayed for a ten-year probationary period, during which she was to pay restitution.
In light of Ms. Mayne's conviction, the Minnesota Office of Lawyers Professional Responsibility (OLPR) filed a disciplinary complaint against her. Ms. Mayne asserted that she suffered from major depression and obsessive compulsive disorder, which caused the misconduct. Evidence revealed that Ms. Mayne had never learned to drive because of her phobias, failed to open most mail or file tax returns, and that her home had been condemned due to hoarding behaviors. A referee ultimately concluded that Ms. Mayne was entitled to mitigation due to a psychological disorder and recommended a sanction of indefinite suspension with leave to reapply at the end of the criminal probation. Both the OLPR and Ms. Mayne objected to the referee's findings regarding mitigation and the recommended sanction.
The Supreme Court of Minnesota disbars Ms. Mayne, concluding that she was not entitled to mitigation based on her psychological disorders because there was no evidence her disorders caused the illegal conduct. While the court finds that Ms. Mayne's disorders may have been "indirect causes" of her misconduct, it distinguishes this case from others in which mitigation based on a psychological disorder was allowed, noting that in those cases the wrongful conduct involved passive activities or omissions, not affirmative action, as here.
To read an ABA Journal article on the case, click here.
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