In re Holloway

The evidence supported the trial court's appointment of a third-party guardian for the petitioners' 86-year-old mother.

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Beverly Harris and Harriett Taylor instituted this proceeding for appointment of themselves as guardians for the person and property of their mentally incapacitated 86-year-old mother, Mamie Bell Holloway, a widow. Mrs. Holloway’s sons intervened and sought appointment of themselves or others as guardians. Finding none of the children qualified to act as guardian, the Superior Court of Crisp County appointed certain third parties as guardians under OCGA § 29-5-2. The daughters appeal. They contend that the trial court erroneously relied on OCGA § 29-4-8 and Kelley v. Kelley,1 and they challenge the court’s determination that they are not qualified to act as guardians. We find no ground for reversal and affirm.

Evidence introduced at the hearing below showed that Mrs. Holloway’s support needs were being adequately met through social security benefits and interest earned on $320,000 invested in bank certificates of deposit when one of her sons obtained a power of attorney from her, redeemed the certificates of deposit, transferred the proceeds to an irrevocable trust, named himself as trustee, and put the money in a stock brokerage account. Her daughters later removed Mrs. Holloway from her home in Cordele to Macon without informing her sons. As a result, she was reported missing, and law enforcement authorities undertook a frantic search for her. The daughters filed a petition in the Probate Court of Bibb County for invalidation of the trust and appointment of themselves as guardians for the person and property of their mother. The guardianship proceeding was later transferred to Crisp County because it is Mrs. Holloway’s legal residence, and she was placed in a nursing home there. In the nursing home, she fell and broke her hip. Because of her children’s inability to agree on whether she should receive medical treatment in Cordele or Macon, an emergency guardian had to be appointed to consent to immediate surgery.

In re Holloway

The evidence supported the trial court's appointment of a third-party guardian for the petitioners' 86-year-old mother.

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