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In re Cash

Evidence that the 94-year-old was no longer ambulatory and could not care for herself, had terminated private care givers hired to assist her, refused to move to a floor of the assisted living facility that could provide her with 24-hour assistance, refused to pay her bills, despite her substantial assets. supported the legal conclusion that she was in need of a guardian and a conservator.

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Louise Altobellis Cash appeals from an order of the probate court granting her sons’ petition for guardianship of her person and conservatorship of her property, asserting that there was insufficient evidence to support the petition. We disagree and affirm. In reviewing an order on a petition for conservatorship or guardianship, “we will not set aside the probate court’s findings unless they are clearly erroneous. And where such findings are supported by any evidence, they will be upheld on appeal.” Citation omitted. Cruver v. Mitchell .1

The record shows that Mrs. Cash is currently 94 years old and resides at a Sunrise Assisted Living Facility “Sunrise”. In July 2008, two of her sons, Julian A. Cash and Thomas V. Cash, filed a petition in the Probate Court of Fulton County seeking guardianship of Mrs. Cash’s person and conservatorship of her property. The petition alleged that Mrs. Cash was incapacitated due to lack of memory and could not make or communicate significant, responsible decisions regarding her health, safety, or the management of her property. In support of these assertions, the petition alleged that Mrs. Cash was currently immobile, was refusing to move to a floor of the assisted-living facility that would afford her 24-hour assistance and supervision, and was refusing to pay bills she incurred for private nursing care.

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