Matter of Bailey
Arkansas Supreme Court
299 Ark. 352, 771 S.W.2d 779 (1989)
- Written by Liz Nakamura, JD
Facts
Debbie Mayville and Clarice Roberts (defendants) petitioned to be appointed co-guardians for the estate of their father, L.C. Bailey (plaintiff), because of Bailey’s alcoholism. At the incompetency hearing, the probate court heard expert testimony from Dr. McCarty regarding Bailey’s alleged mental incapacity. Dr. McCarty examined Bailey on three different occasions and collected evidence from Dr. Bell, who had been Bailey’s primary care physician for the prior 10 years. Based on Bailey’s medical records, information from Dr. Bell, and Dr. McCarty’s own observations, Dr. McCarty concluded that Bailey suffered from organic brain syndrome caused by alcoholism and that Bailey was incapable of handling financial matters or making important decisions at any time. The probate court held that Bailey was not competent to manage his business or financial affairs and appointed Mayville and Roberts as his co-guardians. Bailey appealed, arguing that the probate court’s ruling failed to strictly comply with Arkansas’s statutory requirements for a finding of incapacity.
Rule of Law
Issue
Holding and Reasoning (Dudley, J.)
Dissent (Holt, C.J.)
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