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An independent special master will investigate the circumstances surrounding the disputed trust of Campbell heiress Abigail Kawananakoa and report his findings to the probate court.
Circuit Judge R. Mark Browning last week appointed attorney James Kawachika to help determine whether the prominent philanthropist, activist and descendent of Hawaiian royalty is competent to manage her financial affairs.
Kawachika, counsel for Honolulu law firm Deeley King Pang &Van Etten, will also be tasked with arranging an independent medical examination of Kawananakoa, according to court records.
The bitter fight over Kawananakoa’s $200 million trust erupted after she suffered a stroke June 18, prompting her then-attorney James Wright to seek control of the trust.
Persuaded that Kawananakoa, 91, was incapable of managing her own affairs, Browning granted an emergency petition to Wright, giving him control of the estate in a move that was spelled out in a successorship plan previously set up by Kawananakoa in case she became incapacitated.
But Veronica Gail Worth, Kawananakoa’s private secretary and life partner of more than 20 years, came forward to challenge the declaration, insisting that Kawananakoa is mentally capable of handling her own affairs. Worth is seeking to return control of the trust to Kawananakoa.
While both sides have recently agreed to stay silent about the case, they previously accused each other of untoward tactics in an effort to seize control of a fortune that includes the Abigail K.K. Kawananakoa Foundation, which was set up by Kawananakoa to become a charity underwriting Native Hawaiian causes following her death.
Wright has said he would offer evidence to the court showing that Kawananakoa faces both physical and financial danger as long as she remains under the controlling influence of Worth.
Wright has also said Worth asked Kawananakoa for $26 million in stock in March but was refused, prompting the girlfriend to separate from her partner until she returned only after news of the stroke.
Worth’s attorney, Michael Rudy, has said that Wright manipulated the facts to help engineer the declaration of incompetence.
According to documents filed by Rudy, two hired experts — Patricia Blanchette, a University of Hawaii professor of geriatric medicine, and forensic psychiatrist Martin Blinder — have evaluated Kawananakoa and declared her mentally capable of managing her own affairs.
A Nov. 30 hearing will be held regarding the independent review.
According to court documents, the special master will be paid for by the parties. Among the proposed duties: Investigate and provide recommendations to the court regarding concerns of physical abuse of Kawananakoa, as well as concerns of duress, undue influence, emotional and financial abuse.
The special master will have the power to interview anyone with knowledge of Kawananakoa’s mental capacity before and after the stroke. He will also have the discretion to retain medical and psychiatric professionals to conduct an independent medical evaluation.
Kawachika, a veteran attorney, is a past president of the Hawaii State Bar Association and a former chairman of the disciplinary board of the Hawaii Supreme Court. He is a past president of the Hawaii Justice Foundation and is current chairman of the Hawaii Judicial Selection Commission. He is also an expert in legal ethics.
In another filing, the parties agreed to refrain from making any comments to the news media regarding “the merits of any contested matter.” Additionally, the parties have agreed to not provide court filings and submissions to the news media, including any public or sealed documents.
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