Jenkins, In re, 67242

• Decision Date: 03 January 1984
• Docket Number: No. 67242,67242
• Parties: In re JENKINS.
• Court: Georgia Court of Appeals

Page 119

313 S.E.2d 119

169 Ga.App. 408

In re JENKINS.

No. 67242.

Court of Appeals of Georgia.

Jan. 3, 1984.

Dina E. Fein, Decatur, for appellant.

Charles L. Weatherly, Everett D. Caldwell, Decatur, for appellee.

McMURRAY, Chief Judge.

This case involves the appointment of a guardian for an alleged incapacitated adult by reason of age and physical and mental infirmities. Upon application of two of her daughters and the affidavit of another daughter, the appointment of a guardian of her person and property was sought in the probate court. After evaluation and consideration of a response by two other daughters that the request of the first two daughters as petitioners be denied, the probate court rendered its findings of fact and conclusion of law (an attorney having been appointed to represent the alleged incapacitated adult). It was established that the proposed ward was an incapacitated adult by reason of advanced age, mental disability and physical illness of disability, lacked sufficient understanding or capacity to make significant responsible decisions concerning her person and property; and the probate court appointed the DeKalb County Department of Family and Children Services as the guardian of her person.

Whereupon, the alleged incapacitated adult, as respondent, appealed to the superior court seeking a trial de novo by jury as to her alleged incapacity.

The case came on for trial, and, after much discussion and colloquy by and between the superior court and the incapacitated person's children and examination by the court of the alleged incapacitated adult as respondent, the court determined that it would dismiss the application for guardianship over respondent's person but granting the guardianship over her property, naming respondent's six children as persons to be appointed as the guardians of her property. In addition to certain requirements set out by the court as to duties of the guardians of her property with reference to a bank account to be established in trust the superior court ordered that certain real estate which respondent had previously deeded to two of her daughters be transferred to all the children of the respondent with a life estate reserved to the respondent and ordering further that should the respondent be able to return to said dwelling the said real estate be transferred back to her in fee simple. The respondent appeals. Held:

It is quite clear that this case involves an elderly person suffering from advanced age and mental and physical disabilities in which there is considerable difference of opinion by and between her children with reference to her care. The record and transcript of the proceedings includes the colloquy and discussion by and between the various parties, the court, and the respondent who was examined by the court at great length (although apparently not under oath) with reference to her physical and mental condition.

Clearly, the court has endeavored to do equity and to reach an amicable decision with reference to this 80-year-old elderly person suffering from senility and recovering from a stroke with reference to her future needs. However, the respondent being of a fixed...