Muse v. Treadaway

Pope, Presiding Judge.

In this case we are presented with the question of whether the guardian of the person of an incapacitated adult may file suit seeking to set aside deeds executed by the ward while he was allegedly incapacitated, or whether the suit should properly be filed by the ward’s guardian of property. This issue appears to be one of first impression in this state. We conclude, based upon our review of the applicable law, that the guardian of the property, and not the guardian of the person, has the proper standing to file such a complaint.

G. L. Treadaway, a 93-year-old man, was…