Perry v. DeanAnnotate this Case
After William Dean was involuntarily hospitalized, the Department of Health and Human Services was appointed as Dean’s temporary public conservator. Thereafter, the Department sold some of Dean’s property. Dean’s sister, Claire Perry, filed a complaint against the Department and certain state individuals, asserting claims arising out of the Department’s management of Dean’s property during the public conservatorship. Later, Pamela Vose was appointed as Dean’s conservator. Vose filed a cross-claim and then a separate action against the Department, alleging breach of fiduciary duty. The court consolidated the two cases. The Department and the individual state defendants moved for summary judgment, asserting sovereign immunity. The court entered a summary judgment in favor of the defendants on most claims but denied the Department’s motions for summary judgment on Vose’s claim for breach of fiduciary duty in both cases, concluding that the Maine Probate Court waived sovereign immunity and that the Department was subject to suit in tort when acting as a public conservator. The Supreme Judicial Court vacated the order denying the Department’s motions for summary judgment, holding that the Department is immune from the breach of fiduciary duty claims asserted in these cases because the Probate Code does not expressly waive sovereign immunity and the Department did not waive immunity.