The moving party, who suffered a permanent brain injury from an assault, brought a motion to terminate his guardianship of property and for a declaration that he is capable of managing his own property.
The motion was opposed by his mother, who raised concerns about his impulsivity and vulnerability to financial scams.
The court reviewed capacity assessments and cognitive reports submitted by the moving party but found them deficient for failing to address his medical history and the concerns raised by collateral sources.
The court concluded that the moving party currently lacks the ability to appreciate the consequences of his financial decisions.
The guardianship was ordered to continue, but the moving party was provided with $15,000 to manage for six months as a trial period, after which he may return to court with further evidence.
