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In Re: Estate of Sierra L. Wertzer

The provision in the probate court's order requiring the mother to communicate on a regular basis with the father and confer with him regarding all matters related to their incapacitated adult daughter improperly elevated the father to the status of co-guardian.

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The parties to this appeal, Grace Wertzer “mother” and Saul Wertzer “father”, are the biological parents of Sierra Leigh Wertzer, an incapacitated adult.1 The primary issue in this appeal is whether the probate court had the authority to enter an order establishing a visitation schedule with the father, over the objection of the mother, who had been appointed Sierra’s guardian and conservator. We now hold that the probate court does have such authority.

The record and hearing transcripts show that the mother and father were divorced in 2004. Pursuant to the terms of the parties’ settlement agreement, the mother was granted sole legal and physical custody of Sierra. The father was granted limited visitation with Sierra, which was supervised for the first year following the divorce.2 This plan apparently remained unchanged until the present proceedings were instituted.

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