Smith v. Smith

Ann Smith a/k/a Annie May Smith [“Smith”] appeals an order finding her incompetent and appointing a limited guardian of her person and property.

The petitioner below, Nathan Smith [“Nathan”], is Smith’s sixty-four-year-old stepson. On September 17, 2004, Nathan filed a petition seeking to be appointed plenary guardian over Smith’s person and property. The petition alleged that Smith was incapacitated due to her “doctor’s diagnosis of dementia of an Alzheimer’s type.” It asserted that Smith was seventy-nine years old and had assets valued in excess of $191,250.18.1 When the petition was filed,…