An interesting case has just come down from the 6th circuit court of appeals where by a black man attempted to tie the know with his ward who was an elderly white lady. Marreon Gene Starks, an African american man, who was a 53 year old guardian of Beatrice P., a 53 year old, caucasian lady.
Their were numerous allegations of race and age discrimination hurled at the Santa Clara Judge Thomas Cane in 2014. The son of Beatrice P sought to have the conservatorship removed and the conservator removed whose name was Stephen P. Now in 2017 Starks the guardian of Beatrice P claims his due process rights were violated. His marriage was nullified. He claims it was nullified based age and race discrimination. Beatrice P. , the 83 year old was barred from testifying in Court. An annulled marriage basically voids a marriage and places the parties back to where they were before they entered into a marriage. Thus a party will have not spousal support rights nor property rights to the other spouses property.
At the 2012 nullity proceeding an Alzheimer expert testified on behalf of the Beatrice P and declared that she was “cognitively incapacitated” and she was unable to make informed decisions. Thus her mental health was completely diminished and she was not able to really ascertain what was going on in her life. This is very important to the nullity proceedings that were in place at the time. Because in order to nullify a marriage you need to prove at trial one of the grounds of nullification. One of the grounds is if a party to the marriage can be proven to be of unsound mind. Clearly in this case a medical doctor, Dr. Jonathan Canick, an expert testified to Beatrice P.’s unsound mind.