ILNews

Man entitled to damages following excavation of home without notice

Back to TopCommentsE-mailPrintBookmark and Share

In reviewing a case in which an attorney appointed guardian of an adult male unilaterally decided to tear down his home without providing notice to the man, the Indiana Court of Appeals found the attorney violated the man’s due process rights and damages were necessary.

In David L. Stalker v. Mary C. Pierce, No. 61A04-1008-GU-562, Mary Pierce, a Parke County attorney and appointed member of the Parke County Board of Health, was appointed permanent guardian over David Stalker and his property at Stalker’s consent. The two originally had a good relationship as they had worked together when Pierce helped organize his finances so he could work on his home. Stalker has a mental disability and is unable to care for his personal needs or manage his home. His home had fallen into disrepair and needed a lot of work inside and out, but it was never condemned by the board of health.

After a few months, Stalker asked the court to end the guardianship, as he was unhappy with Pierce’s oversight. He repeatedly asked the court to remove her as his guardian, but the court refused. At some of these hearings he had a court-appointed attorney. Pierce had taken away the keys to his home and relocated him to an apartment 10 miles away. He only had a bike for transportation, so it made getting back to his house to fix it up difficult. He worked on the outside and made progress, which Pierce acknowledged. But a week after telling the court that she was willing to keep an open mind about returning the house keys to Stalker, Pierce ordered the home excavated. She did not tell Stalker, who came upon the process after he rode his bike to the house to mow the lawn. He was devastated because he wanted to move back into the home and many family photos and items were destroyed in the excavation.

Pierce never told Stalker that his home was going to be demolished and she didn’t petition to the court for permission. Stalker never was able to collect any items out of his home. The trial court later allowed her to sell the vacant land, which was purchased for $37,500. She used the proceeds to buy Pierce a scooter and prepaid funeral plan, although he wanted the money spent on a car and an attorney so he could have his brother appointed his guardian.

As a result of the demolition of the home, Stalker went to Indianapolis and opted to live homeless. He objected to the amended accounting, alleging Pierce breached her fiduciary duty, failed to act in his best interest, and denied his due process rights. The trial court denied his objection and motion to correct error.

Pierce violated her fiduciary duty to protect, preserve, and manage Stalker’s property, the appellate court determined. There was no evidence that his home had to be destroyed because it was a threat to his well being or that tearing down the house actually improved the value of the land, as she had argued.  

“We find the degree of care and prudence displayed by Pierce in her decisions as a guardian was well below that which an ordinarily prudent person would exercise in her own affairs. We are dismayed at her callousness to demolish Stalker’s property without getting a formal appraisal, without notifying Stalker or the court, and most importantly without providing him with an opportunity to, at the very least, collect his sentimental possessions. We are convinced that Pierce would not have made similar choices with respect to the management of her own property,” wrote Judge Patricia Riley.

The judges also found that Pierce breached her fiduciary duty of loyalty to him because she used information she gleaned as his guardian to fulfill her duties as a member of the board of health. By disclosing information she got about Stalker’s house without prior court approval or notice, her duty as guardian conflicted with her personal obligations as a member of the board of health.

Pierce also violated Stalker’s due process rights as she never informed him that his home was going to be torn down or gave him the chance to retrieve items from the home. As a result, Stalker is entitled to damages, which the trial court will determine on remand.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

ADVERTISEMENT