Even though a family member with a power of attorney was listed as the “Financially Responsible Person” on an assisted living contract, the home could sue the resident’s appointed conservator for overdue rent payments, a divided Supreme Court holds in an unpublished order.
When the patient became delinquent on her rent, the assisted living facility initiated the conservatorship petition and lawyer Ralph Pinto was appointed conservator. Later, with payments still in arrears, the facility sued Pinto, despite a residency agreement that listed a family member as responsible for payment.
In a four-to-three decision in Pinto v. Morningside of Charlottesville LLC, the Supreme Court agreed with an Albemarle County judge that Pinto was a proper party, citing the conservator’s fiduciary duties under the state code. Chief Justice Cynthia D. Kinser dissented on that point, joined by Justices Elizabeth A. McClanahan and Cleo E. Powell.
The court released two other unpublished opinions Friday, both addressing criminal issues.
A drug defendant who raised an accommodation defense lost his appeal because evidence showed he was a go-between for a “commercial transaction” between two others, even though he earned no profit for his labors. The case is Carr v. Commonwealth.
In McCloud v. Commonwealth, the court held it was acceptable for the trial judge to consider the defendant’s flight from officers and his statement, “It ain’t me, it ain’t me” as indicative of guilt. The court affirmed McCloud’s convictions for having a concealed weapon and being a felon in possession of a firearm.
Posted in Unpublished Orders
Interesting article.
Tucker Griffin Barnes
Charlottesville, VA 434-973-7474
Inquire@TGBlaw.com
www.TGBLaw.com
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