In re the Guardianship of: Helen Kinney Morris, Mary M. Kinney and Patrick Kinney v. Paul Kevin Kinney (mem. dec.), 34A02-1702-GU-264

Helen Kinney Morris (age 90) executed a 2004 durable power of attorney naming Kevin or Molly as her attorneys‑in‑fact with broad authority over property and health‑care, expressly continuing if she became incompetent.
Helen developed dementia; family members provided around‑the‑clock care, but siblings split after a 2013 dispute over remodeling, producing strained contacts among some children.
Kevin petitioned for guardianship in 2014; the trial court found Helen incapacitated and in 2015 appointed all six adult children as co‑guardians over different areas of her person and estate.
Molly and Patrick declined appointments and appealed; this court in 2016 affirmed incapacity but remanded to determine whether guardianship was necessary in light of the existing durable power of attorney and to consider statutory priority and Helen’s wishes.
On remand the trial court issued an order addressing priority for appointment (not whether a guardianship was necessary) and left its prior co‑guardianship order in place; Molly and Patrick again appealed.
The Court of Appeals concluded the trial court abused its discretion by establishing a guardianship without revoking or amending the valid power of attorney, and reversed and remanded with instructions to vacate the guardianship order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in establishing a guardianship despite an existing durable power of attorney	Molly & Patrick: remand required trial court to decide necessity of guardianship in light of the valid 2004 POA; guardianship unnecessary unless POA is revoked/amended after hearing	Kevin: Helen is incapacitated and guardianship (co‑guardians) is necessary to provide care and repair family dynamics; priority/appointment appropriate	Court: Reversed — trial court abused discretion. Guardianship is unnecessary while valid POA remains in effect; trial court must vacate guardianship absent proper revocation/amendment of the POA

In re Guardianship of Morris, 56 N.E.3d 719 (Ind. Ct. App. 2016) (prior appeal: affirmed incapacity but remanded to consider necessity of guardianship given existing power of attorney)
In re Guardianship of L.R., 908 N.E.2d 360 (Ind. Ct. App. 2009) (attorney‑in‑fact controls property/health decisions unless court orders revocation after hearing)
In re Guardianship of V.S.D., 660 N.E.2d 1064 (Ind. Ct. App. 1996) (standard of review: guardianship findings reviewed for abuse of discretion)