70 N.E.3d 349
Ind. Ct. App.2013Background
- Husband and Wife are incapacitated; they entered a prenup obligating Husband to provide support.
- Guardian Deborah Wagner (Husband’s daughter) petitions for dissolution on Husband’s behalf after capitation.
- Wife has a guardian (Finney) for incapacitated Wife; Finney challenged the petition and moved to dismiss.
- Trial court dismissed the petition citing Quear v. Madison Circuit Court (1951) guidance.
- Court holds Quear controls and guardian cannot file for dissolution on behalf of an incapacitated person under current statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can a guardian file for dissolution on behalf of an incapacitated person? | Wagner argues no change to no-fault policy; guardianship statutes authorize filing. | Quear forbids guardian-initiated dissolution; statutes do not authorize it. | Dismissal proper; Quear remains controlling law. |
Key Cases Cited
- State ex rel. Quear v. Madison Cir. Ct., 99 N.E.2d 254 (Ind. 1951) (insane person cannot sue for divorce; guardian cannot file)
- City of South Bend v. Century Indem. Co., 821 N.E.2d 5 (Ind. Ct. App. 2005) (12(B)(6) standard applied on review)
- D.L. v. Huck, 978 N.E.2d 429 (Ind. Ct. App. 2012) (de novo review of Rule 12(B)(6) dismissals; reaffirmed on reh’g)