In the Matter of a Petition for Approval of a Minor Settlement T.V
Appeal
from the Superior Court of the State of Alaska, Third
Judicial District, Anchorage, Patrick J. McKay, Judge.
Superior Court No. 3AN-13-00171 PR.
Jack
Vinson, Pro se, Anchorage, Appellant.
Before:
Fabe, Chief Justice, Winfree, Stowers, Maassen, and Bolger,
Justices.
OPINION
STOWERS,
Justice.
I.
INTRODUCTION
T.V., a
minor, was struck by a car in 2012. T.V.'s father, Jack
Vinson, hired counsel and petitioned the superior court on
T.V.'s behalf for approval of insurance settlements
related to that accident. Jack advised the court that the
funds from the settlements would be placed in a special needs
trust administered by the Foundation of the Arc of Anchorage
for T.V.'s care. The superior court approved the
settlements on the recommendation of a magistrate judge.
Slightly
more than one year after the approval of the petition, Jack
filed a motion requesting that the settlement funds be
removed from the trust and returned to him. The magistrate
judge overseeing the matter recommended that the superior
court deny the motion because the trust was not a party to
the minor settlement proceeding, but the court did not rule
on the magistrate judge's recommendation. Jack appealed
directly to this court, but we remanded to the superior court
to review and rule on the magistrate judge's order. A
second magistrate judge conducted a hearing and made another
recommendation to deny Jack's motion. The superior court
approved the denial, and we now review the superior
court's order.
We
AFFIRM the superior court's denial of Jack's motion
to remove the settlement funds from the trust and return them
to him.
II.
FACTS & PROCEEDINGS
In July
2012 T.V., a minor, was hit by a car and was left paralyzed
from the chest down. In January 2013 Jack, represented by
attorney Charlie Coe, petitioned the superior court for
approval of insurance settlements related to the accident.
The petition was assigned to Magistrate Judge John Duggan,
acting as probate master, and Superior Court Judge Patrick J.
McKay.
Magistrate
Judge Duggan held a hearing on the petition in February 2013.
At the hearing Coe described the settlements and informed
Magistrate Judge Duggan that the proceeds from the
settlements would be placed in a special needs trust for
T.V.'s benefit. Coe explained that the special needs
trust would ensure that the money could be used for
T.V.'s benefit while allowing him to maintain his
eligibility for Medicaid and other public benefits
programs.[1]
Coe
later filed documents indicating that the settlement proceeds
would be deposited with the Arc of Anchorage's pooled
trust, Arc trust II.[2] Arc trust II's purpose is to
" promote the Beneficiaries' comfort and happiness,
by using the trust property to provide and serve the
interests of the Beneficiaries." It is not intended to
provide " basic maintenance, support, medical, dental
and therapeutic care, or any other appropriate care or
service that may be paid for or provided by other
sources."
Magistrate
Judge Duggan recommended that the superior court approve the
petition regarding the settlements, and the superior court
did so in mid-February 2013.
Jack
apparently became displeased with the Arc's care and
management of T.V.'s settlement money. In late February
2014, Jack, proceeding pro se, filed a motion in the probate
case requesting that the " A[rc] return all fund[s] with
int[erest] to Jack Vinson . . . because the A[rc] has not
been in touch or would not give out [T.V.'s] funds when
requested." Jack alleged that " [f]amily att[orney]
Charlie Coe is on the Board of the A[rc] ...