Audio Recordings in a Guardianship Application; Think Twice Before Pressing Record
In the recent guardianship case, Rudin-Brown v. Brown, the court considered whether to admit into evidence recordings made of an incapable adult’s telephone conversations. Carolyn was found to be incapable in 2018. In 2016, Carolyn signed new power of attorney documents for personal care and property (“2016 Powers of Attorney”) appointing her son, Gordon as her attorney in both documents. Her daughter, Missy, sought an order that the 2016 Powers….