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Wednesday, May 13, 2009

Ind. Decisions - Supreme Court issues one this afternoon

In Estate of Margaret H. Prickett, Deceased v. Marilyn Prickett Womersley, a 10-page, 5-0 opinion, Justice Sullivan writes:

A woman seeks compensation for the value of her services while caring for her mother when the mother was subject to a guardianship. Indiana law presumes that services by a family member are rendered gratuitously. In this case, the presumption cannot be rebutted by evidence that the mother wanted her daughter to be compensated because the mother was under a guar- dianship and the guardian did not consent. * * *

The evidence Womersley designated does not as a matter of law rebut the presumption that she gratuitously served her mother. We reverse the trial court‟s denial of summary judgment and remand for proceedings consistent with this opinion.

Shepard, C.J., and Dickson and Boehm, JJ., concur.

Rucker, J., concurs in result without separate opinion.

Posted by Marcia Oddi on May 13, 2009 02:57 PM
Posted to Ind. Sup.Ct. Decisions