Muse as Guardian of G. L. Treadway v. Treadway

In this case we are presented with the question of whether the guardian of the person of an incapacitated adult may file suit seeking to set aside deeds executed by the ward while he was allegedly incapacitated, or whether the suit should properly be filed by the ward’s guardian of property. This issue appears to be one of first impression in this state. We conclude, based upon our review of the applicable law, that the guardian of the property, and not the guardian of the person, has the proper standing to file such a complaint.

G. L. Treadway, a 93-year-old man, was declared incompetent on September 22, 2000. His daughter, Juanita Muse, was appointed the guardian of his person on December 8, 2000. On December 18, 2000, attorney Rex W. Garner was appointed the guardian of Treadway’s property. Muse filed suit on December 29, 2000, seeking to set aside on the grounds of incapacity, fraud and undue influence three deeds executed by her father on July 7, 2000 prior to the declaration of incompetency. Garner filed his own lawsuit to set aside the deeds on January 16, 2001.