Smith v. Smith

Seventy-nine-year-old Ann Smith (defendant) had assets totaling approximately $191,000 in value. Her stepson, Nathan Smith (plaintiff), managed her financial affairs under a power of attorney authorizing him to do so. Ann’s stepdaughter, Cassandra Dinkins, lived with Ann. When Nathan learned that Ann had spent approximately $11,000 to purchase Dinkins a vehicle, he petitioned for an order deeming Ann incompetent and appointing a guardian over her person and property. The petition alleged that Ann was incapacitated by her diagnosed Alzheimer’s-like dementia. The trial court appointed Teresa Barton, a professional guardian, as Ann’s temporary guardian while the petition was pending. A four-person committee established by the court evaluated Ann’s competency. All four committee members concluded that Ann suffered from dementia and recommended appointing a guardian over her person and property. At the hearing, Ann showed confusion during her testimony, mixing dates, forgetting her attorney’s name, and struggling to perform basic math problems. However, Ann’s attorney called two expert witnesses who attested to her competency. Psychologist Charles English testified that after spending approximately four hours with Ann, he felt she could enter contracts, manage property, and consent to medical treatment on her own behalf. Licensed psychotherapist and social worker Milton Collins similarly testified that Ann was capable of managing her own affairs. He deemed Ann medically stable, alert, and oriented, and questioned the validity of her dementia diagnosis. Based on all the evidence, the trial court deemed Ann incompetent to make decisions about her person and property, except as to decisions regarding where to reside, how to vote, and whom to socialize with. The court appointed Barton as Ann’s limited guardian, giving her authority to make all decisions regarding Ann’s person and property except those related to residence, voting, and socializing. Ann appealed, arguing that the evidence was insufficient to support a finding of incapacity, making the appointment of a guardian improper.