In re Guardianship of Benjamin E.

Rhonda was the mother and sole surviving parent of Benjamin, a twenty-two-year-old incapacitated adult. Rhonda filed a petition for the appointment of a guardian for Benjamin and nominated herself as guardian. The county court appointed an unrelated individual as Benjamin’s guardian without making findings or providing an explanation for passing over Rhonda. The Supreme Court reversed, holding that the appointment was arbitrary and capricious, as the county court appointed the unrelated individual as Benjamin’s guardian without specific findings, any explanation for bypassing Rhonda’s statutory priority for appointment, or any reason readily apparent in the evidentiary record. View "In re Guardianship of Benjamin E." on Justia Law