Kelly v. Elliston

OPINION

GERBER, Judge.

In this appeal, we consider whether the probate court abused its discretion (1) in finding that the appointment of an incapacitated person’s guardian was necessary and (2) in appointing an independent third party as guardian rather than one of the ward’s adult children. We hold that clear and convincing evidence supported the court’s determination that the ward was incapacitated and in need of a guardian. We further hold that under Arizona Revised Statutes Annotated (A.R.S.) section 14-5311 (1995), the court could appoint a person with lower priority than a family member,…