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Judge orders hearing Friday after court questions conservator's unsworn accounting in Richard David Wallace conservatorship
Summary
The judge concluded that an unsworn motion by a conservator alleging purchases of the respondent's property and use of remaining funds is insufficient and set the matter for a hearing Friday to determine justification for the conservator's actions.
The Dixon County Chancery Court directed that a conservatorship matter for Richard David Wallace proceed to an evidentiary hearing after reviewing an unsworn motion that described asset dispositions and alleged purchases by the conservator.
The court read the filings on the record, noting that the conservator's motion stated that Wallace passed on July 16, 2023, household furniture was donated to Developmental Services of Dixon County, and roughly $300 remained in the account after cremation and final expenses. The judge said those unsworn allegations are not sufficient to allow the court to accept the conservator's representations without a hearing to determine whether purchases of the respondent's property were justifiable and whether the prices paid were reasonable.
The court also noted apparent removal of counsel and lack of the conservator's presence, and gave the conservator one last opportunity to appear before the court indicated it may take punitive actions; the matter was set for a hearing on the coming Friday. The court emphasized that conservators hold fiduciary duties and that factual allegations of potential misappropriation must be proven at hearing rather than accepted via unsworn pleading.
