Guardianship of Justan A. Smith
Annotate this CaseRobert and Candy Smith are the parents of a developmentally disabled child, Justan. In April, 2009, Mrs. Smith filed an appointment petition in the Probate Court to become Justan's sole guardian and conservator. The court set forth a schedule where visitation rights were divided equally between the parents. Mr. Smith intentionally prevented his wife from having her scheduled visits with Justan in June, 2009. Mrs. Smith subsequently filed a motion for contempt. The Probate Court held hearings both on the guardianship petition and Mrs. Smith’s motion for contempt. Over her ex-husband's objection, the court admitted testimonial reports from the guardian ad litem. As a result, the Probate Court entered a judgment appointing the former Mrs. Candy Smith and Mr. Smith’s new wife, Christine, as co-guardians of Justan. Christine was to become Justan’s sole conservator. The Probate Court erroneously ordered, as part of the judgment, that at least $200 per month from Justan’s social security insurance benefits be deposited into a bank account that named as account holders Justan, Christine and the former Mrs. Smith. Mr. Smiith filed a motion for findings and conclusions of law. The court complied and issued an amended judgment containing minor changes. Mr. Smith appealed. The Supreme Court found that the portion of the Lower Court’s decision pertaining to the fore-mentioned $200 monthly deposit conflicted with Federal statues and regulations. Mr. Smith was vested with a discretionary authority to execute Justin's social security insurance monies. The Court vacated this portion of the Probate Court’s judgment and affirmed the remainder.
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