Jones v. Burr

This appeal presents the following issue: Where an order creating a guardianship is void ab initio for lack of probate court jurisdiction, does the probate court have authority to require the de facto guardian to account to his ward? The circuit court answered that question in the negative. We reverse the order of the circuit court and affirm the probate court’s order allowing the account.

On October 3, 1977, appellant Carl L. Jones signed a petition for guardianship prepared by *692appellee Norman Burr and naming Burr as guardian. Burr did not consult Jones about the information in the petition.…