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Cruver v. Mitchell

The probate court used an incorrect analysis in reviewing appellants' request for a guardianship of their then 91-year-old mother, who was suffering from end-stage Alzheimer's disease.

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Ellen Jean Cruver and Mallory Thomas Mitchell “appellants” petitioned to be appointed guardians and/or conservators for their mother, Addie Bee Mitchell “Mitchell”. The probate court found Mitchell in need of a conservator, but appointed the Fulton County Conservator, rather than appellants, to serve in this capacity. It also denied appellants’ request for guardianship. On appeal, appellants challenge the sufficiency of the evidence supporting the probate court’s ruling, as well as several specific findings and conclusions made by the court. For reasons that follow, we affirm in part and reverse in part. Through their petition, appellants alleged that their 91-year-old mother was suffering from end-stage Alzheimer’s disease, rendering her incapable of making personal health, safety, and financial decisions. A court-ordered evaluation by an appointed social worker confirmed the Alzheimer’s diagnosis and found Mitchell to be confused, disoriented, unable to speak intelligently, and incapacitated by her disease.

The probate court subsequently held a hearing on the petition. Cruver testified that Mitchell had been living in a nursing home since 2002 and was no longer able to make decisions for herself. Appellants, who had joint control over their mother’s bank accounts, had successfully handled her finances to that point. But Mitchell owned certain real property individually, and appellants believed that they needed to sell part of that property to meet her future financial needs.

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