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.


Post a comment to this story

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
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...