In re Guardianship of DeYoung
801 N.W.2d 211
Minn. Ct. App.2011Background
- DeYoung is a 26-year-old autistic, nonverbal ward of the state who resides at Chowen House, a Pathways group home, and attends a sheltered day program.
- Kuhnley, a private guardian through Ayanel Guardian Solutions, was appointed as DeYoung’s guardian in September 2008 and administers his case for approximately 50 wards.
- Mother petitioned in September 2009 for removal of Kuhnley and appointment of a successor guardian, alleging improper delegation to Pathways/Chowen House and seeking guardianship herself.
- The order appointing Kuhnley included a provision granting parents access to medical records but barred attendance at medical appointments without Kuhnley’s written consent; Kuhnley later largely restricted mother’s attendance.
- Kuhnley admitted not informing parents of medical appointments and relying on staff reports; the district court did not make specific findings about delegation or review of recommendations from Pathways.
- The district court denied removal, and the court on appeal remanded to determine whether Kuhnley improperly delegated duties to a statutorily barred third party and to consider appropriate remedies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by not removing Kuhnley for improper delegation. | Mother argues Kuhnley delegated powers to Pathways/Chowen House. | Kuhnley contends delegation is permissible under discretion to meet ward's needs. | Remanded for findings on improper delegation; discretion preserved. |
| Whether the district court should consider whether mother is best qualified as successor guardian. | Mother asserts her qualifications and preference over a professional guardian. | Father emphasizes stability at Chowen House and professional guardianship. | Remand allowed for additional findings; potential intermediate remedies contemplated. |
Key Cases Cited
- In re Conservatorship of Geldert, 621 N.W.2d 285 (Minn.App.2001) (review of guardian removal; abuse of discretion standard)
- Whitaker v. 3M Co., 764 N.W.2d 631 (Minn.App.2009) (abuse of discretion; proper application of law)
- Grier v. Grier’s Estate, 252 Minn. 143, 89 N.W.2d 398 (1958) (guardian’s discretion; need for discretion and flexibility in meeting ward’s needs)