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Conservatorship of the Estate of McQueen, A126825

By FindLaw Staff on January 18, 2011 12:37 PM

Exclusion of evidence from consideration under the collateral source doctrine

Conservatorship of the Estate of McQueen, A126825, concerned a conservator's suit on behalf of a mentally and physically disabled elder, against several of the elder's family members and the family's legal representative, claiming that the defendants violated the terms of a trust set up for the elder by her father when they sold the family residence, in which the elder held a life estate, without her consent or knowledge and then misappropriated the entirety of the sales proceeds for their own use.

In affirming the trial court's jury instruction that the government benefits received by the elder based on her long-standing disabilities and financial need could not be considered in awarding damages, the court held that, because the SSI payments were entirely independent of defendants, it was properly excluded from consideration by the collateral source doctrine.

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