Justice Laura Visitacion-Lewis
Petitioner sought the appointment of a guardian of the person and property of her aunt, Canvin, an allegedly incapacitated person. She also sought interim injunctive relief against putative-attorney-in-fact, Ramos. Ramos and petitioner’s counsel stipulated to certain injunctive relief, including restraints on Canvin’s bank accounts and Ramos’ use of powers of attorney designating him Canvin’s attorney-in-fact. Petitioner filed an order to show cause alleging Ramos violated the stipulated restraints, and sought additional injunctive relief. Ramos acknowledged he transferred over $400,000 of Canvin’s money which he co-mingled with his own business accounts, and also made more transfers after orders restraining his use of powers of attorney prohibited transfers. After testimony, the court found Ramos’ affidavit and testimony "lacking credibility," and found he breached his fiduciary duty to Canvin by transferring her money to, and co-mingling it with his business accounts. It also found Ramos compensated himself over $105,000 for "services" allegedly provided her during a one year period, but failed to maintain proper records of his financial management as attorney-in-fact, thus revoked such documents.
