Ex parte Joann Bashinsky.Annotate this Case
Joann Bashinsky petitioned the Alabama Supreme Court for mandamus relief, seeking to direct the Jefferson Probate Court to vacate orders disqualifying her attorneys from representing her in the underlying proceedings and appointing a temporary guardian and conservator over her person and property. Bashinsky also sought dismissal of the "Emergency Petition for a Temporary Guardian and Conservator" that initiated the underlying proceedings and the petition for a permanent guardian and conservator filed simultaneously with the emergency petition in probate court, both of which were filed by John McKleroy and Patty Townsend. McKleroy had a professional relationship with Ms. Bashinsky that dated back to 1968, the year she and Sloan Bashinsky married. Townsend previously served the Bashinsky family as Mr. Bashinsky's executive assistant. She was the corporate secretary, controller, and chief financial officer at Golden Enterprises, and she served as Ms. Bashinsky's personal financial assistant beginning in 2017, often having daily contact with Ms. Bashinsky. At the time of the events in question, Ms. Bashinsky's personal estate was estimated to be worth $80 million, and her entire estate (including trusts and business assets) was valued at $218 million. Ms. Bashinsky's only blood relative was her daughter's only son, Landon Ash. The emergency petition, filed October 1, 2019, stated that loan amounts to Ash increased over time, and that Ash's total amount of indebtedness to Ms. Bashinsky at that time was approximately $23.5 million. Ash allegedly borrowed $13.4 million from Ms. Bashinsky in 2019 for his various business ventures. The emergency petition alleged that Ms. Bashinsky's financial transactions with Ash "are problematic in that, if the IRS were to review these loans, they might have tremendous tax consequences for Ms. Bashinsky." The petition stated McKleroy and Townsend witnessed a decline in Ms. Bashinsky's faculties in their discussions with her about financial matters. An evaluation from a geriatric physician at the University of Alabama opined Ms. Bashinsky suffered from dementia. The Alabama Supreme Court determined the permanent petition for appointing a guardian and conservator over the person and property of Ms. Bashinsky was not properly before the Supreme Court; mandamus relief with respect to that petition was denied. The Court determined an October 17, 2019 order appointing a temporary guardian and conservator for Ms. Bashinsky was void, as was the order disqualifying Ms. Bashinsky's counsel. The Supreme Court therefore granted the petition for the writ of mandamus as to those orders and directed the probate court to vacate its October 17, 2019, orders, to require the temporary guardian and conservator to account for all of Ms. Bashinsky's funds and property, and to dismiss the emergency petition.