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Armistead v. Fortune Fidelity Bank

In this elder law case, Wendy Carmichael, the plaintiff, alleges that the defendant, Fortune Fidelity Bank, unlawfully converted funds belonging to her great-aunt, Abigail Armistead, for whom she was appointed conservator.
Publisher: NITA
Case File :Perfect Bound
$38.00
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ISBN: 9781556819179
Publisher: NITA
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In this elder law case, Wendy Carmichael, the plaintiff, alleges that the defendant, Fortune Fidelity Bank, unlawfully converted funds belonging to her great-aunt, Abigail Armistead, for whom she was appointed conservator. The facts involve a simple joint bank account that Armistead opened with her realtor, Joe Wasterland, for the purpose of cashing and depositing a large check representing proceeds from the sale of a parcel of land. The plaintiff alleges that the great-aunt either lacked capacity or was the victim of exploitation by a much younger man at the time of this transaction. This case illustrates the litigation issues involved in attempting to achieve civil redress for victims of elder financial fraud and exploitation.

Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com.

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Table of Contents

Contents

Introduction

Problems

Instructions/Stipulations Complaint

Answer

Deposition of Wendy Carmichael

Order Appointing Conservator

Warranty Deed

"To My Dear Abby" by Joe Wasterland

Affidavit of Joanna Bridger

Fortune Fidelity Bank New Account Application

Fortune Fidelity Bank Checking Account Agreement

Darrow County Savings & Loan Check No. 50857

Fortune Fidelity Bank Cash Out Slip

Interview with Sgt. Brian Reznicki

Diagram of Nitaview Branch of Fortune Fidelity Bank

Fortune Fidelity Bank Counter Check - 5/18/04

Fortune Fidelity Bank Counter Check - 5/20/04

Fortune Fidelity Bank Checking Account Statement, Acct. No. 1300934

Nita Driver's License - Joseph L. Wasterland

Nita State Identification - Abigail Armistead

Examination Report - Dr. William Zephyr, Elder Med Clinic

Web Profile - Dr. William Zephyr

Radiology Report - PET Scan Results

Affidavit of Dr. Craig Meacham

Treatment Notes - Office of Dr. Craig Meacham - 4/27/04

Consultative Report - Ann Foster, PhD

Curriculum Vita - Ann Foster, PhD

Consultative Report - Robert Neto

Curriculum Vita - Robert Neto

Statement of Amber Goodman

Darrow County Savings & Loan Funds Availability Policy

Nita Journal of Psychology Excerpt

State of Nita Corrections Arrest and Disposition Record

Nita Commercial Code - N.S.A. §21-3-420

Standard Preliminary Jury Instructions

Standard Final Jury Instructions

Case Specific Jury Instructions

Jury Verdict Form