Understanding Hornibrook v. Richard and Conservator Immunity

Marlee Cowan and Stephanie Addeo co-authored an article in a recent issue of the Massachusetts Bar Association’s Section Review entitled, “Hornibrook V. Richard: Conservator As A Quasi-Judicial Officer Explained (Or Not!)”

In the article, Marlee and Stephanie discuss the importance of the Hornibrook v. Richard ruling, in which the Massachusetts Supreme Judicial Court (SJC) has held that a conservator appointed by the Probate Court acting pursuant to judicial approval is a “quasi-judicial officer” and is thus entitled to immunity while acting within the scope of express judicial approval.

Marlee’s practice concentrates on estate and probate administration, probate litigation, guardianships, conservatorships, estate planning, trust administration, real estate, and tax matters. Marlee is practiced in employing creative tactics to help guide clients through every step of the process – from delicate negotiations, to trial, to mediation of will contests. She is aggressive when necessary while balancing the preservation of family relations and mitigation of family disharmony where possible. Marlee is active in the community, serving on various committees and participating in pro bono legal services.

Stephanie’s practice concentrates on representing both individuals and families with estate and probate administration, probate litigation, guardianships, conservatorships, estate planning, and trust administrations. Stephanie also has an extensive background in family law, where she has represented clients in divorce matters, child custody and various support disputes, and other aspects of family law.

The Massachusetts Bar Association (MBA) is a non-profit organization that serves the legal profession and the public by promoting the administration of justice, legal education, professional excellence and respect for the law. A voluntary association, the MBA represents a diverse group of attorneys, judges and legal professionals across the commonwealth.