Daughter’s Appointment as Guardian Not in Father’s Best Interests

Daughter who had served as father’s agent under power of attorney, and who was nominated to serve as his guardian by that instrument, was not appointed by the court to serve as guardian after father was determined to be incapacitated, and a neutral party was appointed instead, primarily because daughter had expressed the intention to move her father from his nursing home to her home without any plan for how to provide the high level of care he required, which the court believed was inappropriate to his condition and not in his best interests.  Evidence that the daughter had argued in a mortgage foreclosure proceeding that her father was incapacitated at the time he executed the mortgage, which was before he executed the power of attorney, and that the daughter had been suspended from the practice of law for numerous ethical violations, including conduct involving dishonesty and fraud, were both relevant and properly admitted, but were not the basis of the court’s decision.  Estate of John Norman, an Incapacitated Person, 8 Fid.Rep.3d 283, No. 10631C of 2017 (Philadelphia O.C. 2018).

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