Law and Mediation OfficesLOUISE BAYLE S-FIGHTMASTE R

85 BROOKWOOD AVENUE, SUITE 24SANTA ROSA, CALIFORNIA 95404Telephone (707) 577-8600Facsimile (707) 575-4580

l,egal AssistantROSEMARY HULTZ

February 4, L994

A1lan Haymes3407 South Ocean BIvd.Highland Beach, FL 334a7

RE: Conservatorship of Brian Haymes MarshallDear Mr. Haymes:

Thank you for your faxes dated January 27 and January30, L994.

I am writing to respond to your faxes as weII as togive you my opinion regardj-ng what needs to happen toprotect Brian in the future.

First, Iet's deal with the existing conservatorshiphere in California. When Brian turned l-8 years of age inMay of l-993 the guardianship that existed in California waschanged into a limited conservatorship proceeding. Brianqualified for a limited conservatorship because he was aclient of the North Bay Regional Center which deals with altkinds of developmentally impaired individuals. As a resultof Brian's head injury and subseguent severe learningdisabilities he was eligible for the services of North BayRegional Center. They supported the establishment of alinited conservatorship.

In order to tenninate the linited conservatorship herein California we need to petition the court for an order ofterrnination which directs Mr. Phoenix to turn the assets ofthe limited conservatorship over to another individual, afiduciary, or to Brian hirnself. Since Brian no longer livesin California, the court here will probably terninate theconservatorship even if there is not a replacementconservatorship already established in Florida.

However, it is my opinion after working with Brian forthe past years that he needs something stronger in placethan simply a custodj-al account or a Power of Attorney.Approximately a year ago he and I and EarI Phoenix met todiscuss his future in terms of his estate plan and the

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guardianship. r felt very strongry at the time that Brianwould be unabre to avoid the manipulations of his father andothers whom he night come in contact with and that anythingshort of a conservatorship would leave him unprotected. W;discussed preparing a Living Trust which would name EarlPhoenix as the Trustee. By doing this Earl wourd have beenin charge of Brian,s assets but Brian would have had theability to fire Mr. Phoenix and replace him with himserf orsomeone else at any time. Brian felt that he would beunable to withstand the pressures of either his father orothers he may come into contact with to change the Trusteeof his trust and reguested that r proceed with the rimitedconservatorship. r totarry agreed with Brian,s decision.

. Although Brian is no longer living in the vicinity ofhis father, he will continue to be exposed to individulrswho may not have his best interests at heart. If youestablish a joint account or an account on which you have aPower of Attorney Brian is still in fulI control of thosefunds if he wishes to be. If he outright gives all of hisfunds to you to manaqe for him, trusting that you do what isright for him, as I do, he is then looking at i large gifttax of approximatery 258 because technicarly this wourd be agift to you.

Regarding your earlier guestions concerning whether ornot Brian's father courd sell his interest in the house, thehouse is currentry herd in the name of the eonsenratorship.rt this conservatorship is t,erminated then the title wilr betransferred back to Brian as an individual. rf this occursthe house stilr cannot be sord without his pennission unlesshis father forges his signature on the required paperwork.In addition, his father could coerce hin into selling thehouse or quitclaiming his interest to him if he were able totalk to him.

Basically what r am saying is that r still have seriousconcerns about Brian,s ability to protect himself from hisfather and others. while r am glad to hear that he is doingweII I believe that he is still very susceptible to theinfluence of others. I will proceed to terminate theconservatorship here if you so instruct me and have thefunds turned over to you or to Brian directry but that isnot what I believe to be in Brianrs best interests.

r wourd appreciate the opportunity to discuss this withyou further if yor.l wish. I do suggest that you do not

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follow the advice of bankers and other la1people regardingthis matter but rather seek solid legal input to insure thatBrian's interests are protected. . \

ruly yours,

-FIGH$TASEERAttorney at Law

LBFIrahcc: Earl Phoenix

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