Guardianship of Garcia v. Garcia

NATURE OF CASE

In this case, we are asked to consider whether a conservator may be allowed to “step into the shoes” of an incompetent settlor in order to amend a revocable trust that was created prior to the settlor’s incompetency. For the reasons set forth herein, we reverse the decision of the lower court, which granted the conservator the right to make changes to the trust, and we remand the cause with directions that the conservator’s petition be dismissed.

SCOPE OF REVIEW

An appellate court reviews probate cases for error appearing on the record made in the county court. In re Estate of…