J. Marques de Souza

The applicant sought termination of a guardianship order over his spouse’s property following recovery from a medical condition that had temporarily impaired her capacity.

The court considered contemporaneous medical evidence from two treating physicians indicating the subject had regained the ability to understand and manage her property and financial affairs.

All family members supported termination of the guardianship, and the applicant accepted transactions that were contrary to his own financial interest, supporting the authenticity of the subject’s expressed wishes.

Although the Public Guardian and Trustee raised concerns about fluctuating health and independent representation, the court found sufficient safeguards in the record to proceed.

The guardianship order was terminated effective the date the subject regained capacity.

An application under the Substitute Decisions Act sought removal of a guardian of property and personal care and appointment of another family member as guardian.

The court found the existing guardian breached fiduciary duties by failing to keep financial records, failing to account for funds, spending the incapable person's money for personal benefit, and being unavailable to make required care decisions.

Evidence showed approximately $40,000 in savings and ongoing income had not been properly accounted for and that the guardian admitted using funds for personal expenses.

The court emphasized the strict fiduciary obligations of guardians toward incapable persons, including the duty of utmost loyalty and prohibition on self-dealing.

The existing guardian was removed and a sibling was appointed as guardian for property and personal care.