Legal Opinion

In re the Guardianship of O'Brien

Court of Appeals of Minnesota

Decided May 27, 2014No. A13-1348PublishedCited by 2 opinions

1Opinion of the Court

OPINION

SMITH, Judge.

We reverse the district court’s declaratory judgment that appellant lacks the mental capacity to marry because the district court did not apply the correct standard and did not support its determination with sufficient relevant findings, and we remand for the district court to reconsider its decision in accordance with this opinion.

FACTS

Appellant Michael O’Brien is the 27-year-old ward (and son) of respondents Timothy and Judith O’Brien. The district court appointed respondents as guardians for Michael in 2004, citing his “serious persistent mental disorder,” including di*712ag…

2Cases cited18 opinions

  1. Loving v. VirginiaSupreme Court of the United States · 1967
  2. Zablocki v. RedhailSupreme Court of the United States · 1978
  3. Sauter v. WasemillerSupreme Court of Minnesota · 1986
  4. Parrish v. PeoplesSupreme Court of Minnesota · 1943
  5. Davis Ex Rel. Davis v. JohnsonNorth Dakota Supreme Court · 1960

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3Cited by2 opinions

  1. State v. GosewischCourt of Appeals of Minnesota · 2018
  2. State v. GosewischCourt of Appeals of Minnesota · 2018

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