IN RE CONSERVATORSHIP OF WALTRAUD E. LEMONTE
Session: October 3, 2017
from the Chancery Court for Montgomery County No.
MC-CH-CV-CP-16-16 Laurence M. McMillan, Jr., Chancellor
appeal involves competing conservatorship petitions filed by
the children of the Ward. Appellees, daughters of the Ward,
filed a petition seeking to be named as co-conservators for
the Ward and seeking to revoke powers of attorney executed by
the Ward in favor of her son who is the Appellant. Appellant
filed his answer and counter-petition to be appointed
conservator. Appellees opposed Appellant's
counter-petition on the ground that he is a convicted felon
and, therefore, ineligible to serve as the Ward's
conservator, under Tennessee Code Annotated Section
40-20-115. The trial court found that Appellant's Nevada
sentence for drug charges disqualified him from serving as
the Ward's agent or fiduciary. As such, the trial court
revoked the Appellant's powers of attorney and dismissed
Appellant's counter-petition. Discerning no error, we
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed and Remanded
Ray LeMonte, Jr., Woodlawn, Tennessee, pro se.
Ashleigh L. Travis, Clarksville, Tennessee, for the
appellees, Elke LeMonte and Bonnie Alice Castor.
Armstrong, J., delivered the opinion of the court, in which
Andy D. Bennett and W. Neal McBrayer, JJ., joined.
LeMonte, Bonnie Castor (together "Appellees"), and
Appellant Ronald R. LeMonte, Jr. are the children of Waltraud
E. LeMonte (the "Ward"). It is undisputed that the
Ward suffers from advanced age and dementia. According to
Appellees' brief, in February 2015, Appellant influenced
the Ward, who was then in the beginning stages of dementia,
to execute powers of attorney (general and medical) naming
Appellant as her attorney-in-fact. Appellees further claim
that Appellant "began a course of action encouraging the
[Ward] to cease all communication with and to fear Appellees;
removing financial and other documents from [the Ward's]
home; and failing to notify Appellees of [the Ward's]
doctors' appointments, medications, and progress[ing]
2013, Appellant was charged, in Nevada, with Possession of a
Schedule I or Schedule II Controlled Substance for the
Purpose of Sale, a Category D Felony as Defined by Nevada
Revised Statutes Section 453.337. Specifically, Appellant was
stopped by Nevada Highway Patrol, and 4, 472.4 grams of
marijuana were found hidden in Appellant's vehicle. On
July 11, 2016, Appellant was convicted of the offense and
sentenced to a maximum of 32 months. However, Appellant's
conviction was suspended (with credit for 25 days served),
and he was placed on probation for 60 months.
April 11, 2016, before Appellant was sentenced in Nevada,
Appellees filed a petition seeking to be named as
co-conservators for the Ward. After Appellant was convicted
of the drug offense, Appellees filed a motion to invalidate
the powers of attorney executed by the Ward in favor of
April 28, 2016, Appellant filed his answer and
counter-petition to be appointed conservator for the Ward.
Appellees opposed Appellant's counter-petition on the
ground that he is a convicted felon and is, therefore,
ineligible to serve as the Ward's conservator under
Tennessee Code Annotated Section 40-20-115, infra.
10, 2016, the trial court entered an agreed order, under
which the parties agreed, inter alia, that Appellant
would not use the powers of attorney pending further orders
of the court. Appellant was also ordered to return the
Ward's personal property and to refrain from removing any
items from her home. On July 26, 2016, Appellees filed a
motion to deem the powers of attorney invalid and to dismiss
Appellant's counter-petition to be appointed conservator.
Appellant opposed this motion. By order of September 13,
2016, the trial court invalidated the powers of ...