Sparks v. Boggs

JOHNSON, Judge.

This is an appeal from an Order dismissing a Petition for Declaration of Rights filed in Lawrence Circuit Court. We agree with the trial court that appellant, Nelson T. Sparks, Guardian Ad Litem for Opal Boggs, an Incompetent, is without legal authority to maintain this separate action on behalf of Opal Boggs in his capacity as her Guardian Ad Litem, and accordingly, affirm the trial court.

Delbert Boggs, Sr. died testate on July 31, 1989, leaving as among his heirs at law his wife, Opal Boggs, and two sons, James E. Boggs and Janis H. Boggs.1 The will left the entire estate to…