Legal Opinion

In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney and Patrick Kinney v. Paul Kevin Kinney

Indiana Court of Appeals

Decided July 12, 2016No. 34A02-1510-GU-1809PublishedCited by 2 opinions

1Opinion of the Court

"Case Summary

VAIDIK, Chief Judge.

[1] After six siblings disagreed about how to take care of their elderly mother with dementia, one faction of siblings filed a petition to appoint guardians for their mother while the other faction maintained that a power of attorney in effect was sufficient to care for their mother. The trial court found that the mother is incapacitated and appointed all six siblings as co-guardians over different areas of their mother’s life. The losing siblings now appeal, arguing that their mother is not incapacitated and that guardians are not necessary.

[2] The record…

2Cases cited3 opinions

  1. Conrad v. AtkinsIndiana Court of Appeals · 2007
  2. In Re Guardianship of ShafferIndiana Court of Appeals · 1999
  3. In Re Guardianship of LRIndiana Court of Appeals · 2009

3Cited by2 opinions

  1. In re the Guardianship of: Helen Kinney Morris, Mary M. Kinney and Patrick Kinney v. Paul Kevin Kinney (mem. dec.)Indiana Court of Appeals · 2017
  2. In the Matter of the Guardianship of Zachary Johnson: Adam D. Johnson v. Sarah Oswalt (mem. dec.)Indiana Court of Appeals · 2018

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