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SHEARS v. MYERS

No. S-14056.

280 P.3d 552 (2012)

Georgianne SHEARS, Appellant, v. Dee Ann MYERS, as Trustee of the Jack Donald Bollinger Revocable Trust Agreement dated March 29, 2008, Appellee.

Supreme Court of Alaska.

July 20, 2012.

Attorney(s) appearing for the Case

James Alan Wendt , Law Offices of James Alan Wendt, Anchorage, for Appellant.

Timothy R. Byrnes , Hughes Gorski Seedorf Odsen & Tervooren, LLC, Anchorage, for Appellee.

Before: CARPENETI, Chief Justice, and FABE and WINFREE, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

Two nieces, acting as co-guardians for their elderly uncle, sued their uncle's former caregiver for misuse and misappropriation of his assets; the caregiver counterclaimed for compensation for services rendered. After a bench trial, the superior court: (1) determined the caregiver had committed fraud and breached fiduciary duties; (2) awarded damages against the caregiver for her misuse and misappropriation...

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