Karem v. Bryant
2012 Ky. LEXIS 82
| Ark. | 2012Background
- Bruce Bryant died from motorcycle accident; Paula Bryant, guardian of Justin Bryant’s mother, suffered brain injury; Justin collected $452,869.01 as administrator and guardian; he deposited funds into a single account, commingling assets; Paula’s guardianship accounting was contested for lack of expenditures explanations under KRS 395.610; district court ordered accounting and restitution multiple times; Court of Appeals reversed, leading to Supreme Court review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court exceeded jurisdiction by ordering restitution in guardianship accounts | Bryant argued mismanagement removed district court's jurisdiction | Prather district court had exclusive jurisdiction under KRS 387.520 | District court had exclusive jurisdiction; reversal of Court of Appeals |
Key Cases Cited
- Privett v. Clendenin, 52 S.W.3d 530 (Ky.2001) (district courts may settle accounts under UTMA and render remedies including statements and judgments)
- Maratty v. Pruitt, 334 S.W.3d 107 (Ky.App.2011) (supports district court authority over guardianship accounts)
- Lee v. Potter, 598 S.W.2d 465 (Ky.App.1980) (predecessor statute; misapplied authority explained; replaced by KRS 387.520)
- Ally Cat, LLC v. Chauvin, 274 S.W.3d 451 (Ky.2009) (writ of prohibition availability and standard)
- Grange Mut. Ins. Co. v. Trade, 151 S.W.3d 803 (Ky.2004) (standard for writs of prohibition)
- Hoskins v. Mancie, 150 S.W.3d 1 (Ky.2004) (definition and limits of writs of prohibition)