Cross-applications were brought by separated parents under the Substitute Decisions Act seeking appointment as guardian of the property and personal care of their adult daughter who had a moderate developmental disability and epilepsy and was incapable of managing property or personal care.
The court reviewed expert psychological evidence, service-provider testimony, and the daughter’s declining life skills and limited participation in developmental programs while living primarily with the mother.
Applying the statutory criteria for guardianship, the court concluded the father was better positioned to provide stimulation, structure, and access to support services necessary to maintain or improve the incapable person’s functioning.
The court therefore appointed the father as sole guardian of property and personal care, with detailed conditions governing finances, services, residence, and the mother’s ongoing contact.