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.
