ILNews

Court grants visitation for partner in guardianship case

Michael W. Hoskins
January 1, 2007
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When Patrick Atkins suffered a brain hemorrhage and subsequent stroke on a business trip in 2005, his partner of almost 30 years wanted to be there and visit.

While Atkins' family didn't approve of the relationship, Brett Conrad was allowed to visit and have contact with his partner at first. But the family began cutting off that contact and eventually the two sides went to court over visitation rights and guardianship. Conrad lost in Hamilton Superior Court before Judge Steven Nation, who granted guardianship to Atkins' family and allowed them control of visitation - which they'd said in trial would not be allowed for Conrad.

Today, the Indiana Court of Appeals reversed that lower court's decision and gave the Fishers man visitation rights and contact with Atkins. The 2-1 ruling came in Guardianship of Patrick Atkins; Brett Conrad v. Thomas Atkins and Jeanne Atkins, No. 29A02-0606-CV-471.

"We are confronted here with the heartbreaking fracture of a family," Chief Judge John Baker wrote. "Brett and Patrick have spent twenty-five years together as life partners - longer than Patrick lived at home with his parents - and their future life together has been destroyed by Patrick's tragic medical condition and by the Atkinses' unwillingness to accept their son's future.

"Although we are compelled to affirm the trial court's order that the Atkinses be appointed Patrick's co-guardians under our standard of review, we reverse the trial court with respect to Brett's request for visitation inasmuch as all credible evidence in the record establishes that it is in Patrick's best interest to continue to have contact with his life partner."

The appellate court also found that the trial court should have required Patrick's presence at the hearing, but that his court-appointed guardian ad litem waived that right by failing to enforce it. Additionally, the court concluded the lower court properly set off the couple's Charles Schwab account to the guardianship estate, but that it erroneously refused Conrad's request for the estate to pay some of his attorney fees and costs.

Judge Carr Darden was the lone dissenter on this case, writing a nearly four-page separate opinion.

Noting that the majority relied on Indiana Code section 29-3-5-3(b) to declare the trial court was required to enter orders encouraging development of Patrick's self-improvement and well-being, Judge Darden wrote, "I can agree that such would indeed be a laudable goal of a guardianship order, but I cannot agree this is what the statute requires."

He also notes that the majority has "impermissibly reweighed evidence and assessed witness credibility in violation of our long accepted standard of review."
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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