New guardian sues revoked guardian for taking advantage of disabled adult

Steve Gonzalez Jan. 16, 2008, 11:21pm

The court appointed guardian of Mary Pancher, a disabled adult, filed suit against Pancher's former guardian in Madison County Circuit Court Jan. 16, alleging the former guardian breached her fiduciary duty.

Verlyn Cox claims she was appointed as Pancher's guardian on April 17, 2007, after the defendant, Marcella Bushmire, who was originally appointed as Pancher's guardian on Oct. 28, 2004, was revoked.

According to the complaint, Pancher is not fully capable of managing her person and estate because she is suffering from dementia with memory loss and delusions, paranoia and hallucinations.

Cox claims Bushmire moved into Pancher's home in March 2007 and after moving in took out a $40,000 loan on Pancher's home.

Cox alleges the loan was used to make unnecessary home improvements on Pancher's residence and that the loan was taken for Bushmire's personal benefit.

According to Cox, Bushmire made improvements to the residence to accommodate her husband, son and grandson, purchased furniture, paid for moving expenses and purchased an automobile with the loan she took out on Pancher's name.

Cox claims Bushmire wrongfully converted the loan proceeds for her own personal benefit even though she was never authorized to do so.

Cox claims Pancher has an absolute and unconditional right to the immediate refund of the remaining amount of the loan but Bushmire has refused to reimburse Pancher.

Represented by Phillip Lading of Sandberg, Phoenix & von Gontard, Cox is seeking damages in excess of $50,000.

The case has been assigned to Circuit Judge Andy Matoesian.

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