CitiFinancial, Inc. v. Balch

¶ 1. Plaintiff CitiFinancial, Inc. appeals from the superior court’s order granting summary judgment to defendant, the Estate of Theodore Ballard, on its foreclosure complaint. CitiFinancial argues that Ballard, who was under a voluntary guardianship, was bound by a mortgage deed and promissory note that he and his guardian co-signed, and that the trial court erred in concluding otherwise. We affirm in part and reverse and remand in part.

I

¶ 2. We begin with an overview of the guardianship process. Vermont law has provided for voluntary guardianships since 1912. *24Initially, such guardianships…