Miles v. Helms

• Docket Number: 1200681
• Decision Date: 21 January 2022
• Parties: David M. Miles v. Sharma Helms
• Court: Alabama Supreme Court

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David M. Miles
v.
Sharma Helms

No. 1200681

Supreme Court of Alabama

January 21, 2022

Appeal from Houston Circuit Court (CV-21-2)

BOLIN, JUSTICE.

David M. Miles appeals from the Houston Circuit Court's order denying his postjudgment motion seeking to alter, amend, or vacate a judgment appointing a guardian for Nadine Chalmers. The administration of the guardianship was purportedly removed to the circuit

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court from the Houston Probate Court; however, the removal was not proper under § 26-2-2, Ala. Code 1975, and, thus, the circuit court never acquired subject-matter jurisdiction. We therefore dismiss the appeal.

Facts and Procedural History

On September 25, 2018, Chalmers executed an advanced directive for health care drafted by her attorney, describing the types of health care Chalmers wished to receive or not receive if she was unable to make decisions concerning her health care. The directive named Miles, her nephew, as her health-care proxy. On December 20, 2018, Chalmers executed a power of attorney naming Miles as her attorney-in-fact and authorizing him to make decisions concerning her property. The power of attorney provided that if it became necessary for a court to appoint a conservator or guardian for her, Chalmers nominated Miles to serve in such capacity.

In February 2019, Chalmers had a stroke and was placed in the memory ward of a nursing home. In November 2019, Sharma Helms, Chalmers's niece, visited Chalmers at the nursing home. On March 17, 2020, Helms filed in the probate court a petition seeking the appointment

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of a temporary guardian for Chalmers, a petition seeking the appointment of a guardian for Chalmers, and a petition seeking the appointment of a conservator for Chalmers. On March 19, 2020, Helms filed a motion requesting that Chalmers be evaluated by a qualified medical professional. On March 26, 2020, the probate court granted the motion. The report resulting from that evaluation noted that Chalmers suffers from dementia.

On May 19, 2020, Miles filed a notice of appearance on behalf of Chalmers. On June 2, 2020, Helms filed a motion requesting: (1) an order of temporary guardianship; (2) appointment of a guardian ad litem; and (3) appointment of a court representative. On June 4, 2020, the probate court entered an order appointing Helms as Chalmers's temporary guardian. On June 8, 2020, Miles filed a motion to alter, amend, or vacate the order appointing Helms as temporary guardian and a motion to dismiss Helms's petitions. On June 10, 2020, Miles filed a petition for letters of temporary guardianship. The probate court subsequently appointed a guardian ad litem for Chalmers and a court representative.

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Following a hearing, the probate court vacated its order appointing Helms as temporary guardian. The probate court also dismissed Miles's petition for letters of temporary guardianship. The probate court stated that, pending a final hearing in the matter, Miles would act under the authority granted to him under the advanced directive for health care and the power of attorney. On October 28, 2020, the probate court held a hearing on Helms's guardianship and conservatorship petitions. Chalmers testified that she had not fully understood the powers she was conveying when she appointed Miles as her health-care proxy and her attorney-in-fact. Chalmers also stated that she was not happy with Miles serving as her health-care proxy and her attorney-in-fact. She testified that she had not seen or spoken with Miles in a long time and that when she needs personal items, Helms provides those things for her. Chalmers testified that she wanted Helms to act on her behalf. Other witnesses at the hearing included Miles, Helms, additional family members, and a staff member at the nursing home. In November 2020, after the hearing on Helms's petitions, Miles filed a petition requesting that he be appointed as Chalmers's conservator.

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On December 16, 2020, the probate court entered the following judgment:

"This cause came to be heard before this Court on October 28, 2020, for the appointment of Guardian and Conservator over Nadine Chalmers, an incapacitated person, on the petition of Sharma Helms, ... specifically, for the appointment of Sharma Helms as Guardian of Nadine Chalmers pursuant to the Alabama Uniform Guardianship and Protective Proceedings Act (Code of Alabama, Section 26-2A-1 et seq 1975); and it appears to the Court that venue and jurisdiction are proper, and that notice of the proceedings was given to those entitled and proof of the same filed

"There appeared at the hearing Sharma Helms, Petitioner, John E. Byrd, Jr., Esquire, and David A. Jones, Esquire, attorneys for Petitioner; Jordan Reeves Brooks, Esquire, the Guardian ad Litem for Nadine Chalmers; Tildon J. Haywood, Esquire, Court Representative; Nadine Chalmers, Respondent; David M. Miles, attorney-in-fact for the Respondent; and R. Cliff Mendheim, Esquire, attorney for David M. Miles.

"Subsequently, David M. Miles, by and through counsel, R. Cliff Mendheim, Esquire, filed a Petition for Letters of Conservatorship, a Motion to Waive Conservator's Bond, and a Motion to Dismiss or in the Alternative Motion to Reinstate and Grant Petition for Guardianship and Petition for Conservatorship. Additionally, John E. Byrd, Jr., Esquire, as counsel for Sharma Helms, filed a Notice to the Court providing the Court with a list of the Respondent's assets.

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"Upon due consideration of evidence and testimony presented in open Court and upon consideration of all pleadings filed in this matter, this Court finds as follows:

"Guardianship

"This Court finds that a basis for the appointment of a guardian has been established per Alabama Code Section 26-2A-102 (as amended).

"Alabama Code Section 26-2A-104 (b) provides that unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person's most recent nomination in a durable power of

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