In Re the Marriage of Leora McGee v. Robert McGee, 998 N.E.2d 270

Husband and Wife married in 2009 and lived together until spring 2012; Husband later was placed in a nursing home while Wife was hospitalized.
On June 28, 2012, Husband’s daughters, Sharon Hilton and Judith Kalajian, were appointed co-guardians of Husband’s person and estate.
On August 2, 2012, the co-guardians filed a petition for dissolution of Husband’s marriage on his behalf; Wife filed a counter-petition.
At the final hearing, the co-guardian testified she believed the marriage was irretrievably broken; Wife testified the marriage was not broken and she wished to remain married.
The trial court granted the guardians’ petition on November 7, 2012; Wife appealed, and the Court of Appeals addressed whether a guardian has statutory authority to file for dissolution on behalf of a ward.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a guardian may file a petition for dissolution of marriage on behalf of an incapacitated ward	Guardians argued they must be able to petition for dissolution to preserve the ward’s property and protect health and welfare (avoiding conflicts with guardian duties)	Wife argued Indiana statutes do not authorize a guardian to commence divorce proceedings for a ward; dissolution is a statutory personal right requiring the party’s verified petition	Court held guardian lacks statutory authority to file for dissolution on behalf of a ward; trial court erred in granting the petition

State ex rel. Quear v. Madison Circuit Court, 99 N.E.2d 254 (1951) (holding no statutory authorization exists for a guardian to prosecute a divorce on behalf of an insane or incapacitated person)
Elmer Buchta Trucking, Inc. v. Stanley, 744 N.E.2d 939 (Ind. 2001) (appellate courts independently review statutory interpretation)
Robinson v. Gazvoda, 783 N.E.2d 1245 (Ind. Ct. App. 2003) (courts will not read into a statute powers not clearly expressed by the legislature)