Troy v. Hart

116 Md. App 468 (1997)

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Nature of the Case

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Facts

Lettich became a resident of Cardinal Sheehan Center for aging. Richard Troy was appointed attorney in fact for Lettich on February 4, 1992. Troy applied for medical assistance on behalf of Lettich, and when Lettich's resources were depleted, Medicare and Medicaid stepped in on January 1, 1995. On February 25, 1995, Lettich's sister died intestate leaving an estate in excess of $300,000 She was survived by Lettich and two other sisters, Hart and McGlaughlin. The family was not close but Troy kept them abreast of Lettich's status. On March 22, 1995, Hart was appointed personal representative of the estate with the consent of the surviving siblings. Hart visited Lettich and assisted him in executing a disclaimer to his share of the estate despite the fact that Troy was his attorney in fact and Hart did not advice Lettich on the effect disclaimer would have on his government benefits. Troy eventually found out about the disclaimer and retained counsel to rescind and remove Hart as personal representative. Veil, the attorney for Hart, then visited Lettich and got him to execute a revocation of Troy's power of attorney. A social worker at the home contacted Lettich's current counsel and advised Veil that Lettich was represented by counsel and that Veil was forbidden to speak with Lettich. Lettich died on September 20, 1995. The orphans court denied Troy's petition. Troy sought a de novo appeal to the Circuit Court. That court denied relief and Troy filed an appeal.