In the Matter of the Conservatorship of Carolyn Bowen YoungAnnotate this Case
Carolyn Bowen Young had medical problems affecting her ability to make financial decisions, so a chancery court appointed a conservator over her estate. When Carolyn’s conservatorship no longer was necessary, the chancery court terminated the conservatorship by agreement of Carolyn’s husband, her sons, her conservator, and the guardian ad litem. But the judgment also made provisions for Carolyn’s funds to be retained in the registry of the court, an agreement to which Carolyn was not privy. Carolyn later requested release of the entirety of her funds, which the chancery court denied. Carolyn appealed, but died shortly after filing the appeal. Jim Young, Carolyn’s husband, filed, substituted himself as a party. The Mississippi Supreme Court found the chancery court erred by continuing to hold Carolyn’s funds in the registry of the court after the conservatorship was terminated. Furthermore, the Court found the chancery court abused its discretion by sua sponte ordering that the sons’ attorneys’ fees be paid out of Carolyn’s funds held in the registry of the court. Because Carolyn was deceased, issues on cross-appeal were moot.