Guardianship: Michelle Steege (mem. dec.)
67A04-1603-GU-466
| Ind. Ct. App. | Apr 6, 2017Background
- Phyllis Z. Tucker was diagnosed with dementia; her daughter Lynnette Rich petitioned to be guardian of Tucker’s person and estate in July 2015.
- Tucker had executed durable powers of attorney naming Rich (and earlier, another daughter) as attorney-in-fact in 2004 and 2011.
- Tucker moved into Rich’s home in 2014; another granddaughter, Michelle Steege, and daughter Pamela Douglas contested Rich’s appointment, alleging misuse of Tucker’s income and seeking alternative guardianship for the estate.
- After a hearing, the Putnam Circuit Court appointed Rich guardian of Tucker’s person and estate, relying on the durable power of attorney designation and statutory priority.
- Douglas and Steege appealed the appointment as guardian of the estate; while the appeal was pending, Tucker died on December 5, 2016.
- Following Tucker’s death, Rich remains statutorily required to file a final accounting with the trial court; interested persons (including Douglas) are entitled to notice and may object at that time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in appointing Rich guardian of Tucker’s estate because Rich was unqualified and would not act in Tucker’s best interests | Douglas/Steege argued Rich misused Tucker’s income and therefore was unfit to serve as guardian of the estate | Rich argued (and trial court found) appointment was proper partly because Rich was designated in Tucker’s durable power of attorney and otherwise qualified | Dismissed as moot: Tucker’s death terminated the guardianship, so the appellate court cannot grant effective relief on the appointment issue; appeal dismissed |
Key Cases Cited
- Estate of Prickett v. Womersley, 905 N.E.2d 1008 (Ind. 2009) (guardianship terminates on protected person’s death)
- Slanter v. Favorite, 4 N.E. 880 (Ind. 1886) (guardian’s duty to make full disclosure in final accounting; utmost good faith required)
- In re Commitment of J.M., 62 N.E.3d 1208 (Ind. Ct. App. 2016) (an issue is moot when the court cannot provide effective relief to the parties)