Re: “State can’t be sued for selling property, euthanizing cat of man in its care, Maine’s top court rules” (March 2):
The article that details actions taken by the Maine Department of Health and Human Services after it was approved by the court to become the conservator and guardian for William Dean’s personal financial affairs says it all. If an individual acting in the capacity for which the DHHS was approved showed the same irresponsibility, the individual would almost certainly be sued and become liable for failure to meet fiduciary standards.
The fact that the DHHS is able to escape financial responsibility because the “state is immune from liability under the Maine Tort Claims Act” warrants a change in that law. Any person or entity taking on this responsibility should have to meet the same standards of performance and not be able to dodge responsibility by means otherwise unavailable to others. Despicable outcome, despite the DHHS’ rationales.
Oliver Andrews III
Phippsburg
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