In re Guardianship of Reena D.
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Petitioner Nilesh D. appealed a probate court order that denied his motion to terminate the guardianship over his minor daughter Reena, which had been previously awarded to his step-mother, Respondent Hasu D. Petitioner was granted guardianship over Reena who was then twenty-months old. Petitioner and his wife sought the guardianship because they were going overseas to start a business, and to visit the wife's family. The court granted a temporary guardianship, and following the hearing, the court appointend Respondent and her husband, Petitioner's father, to be Reena's guardians. In 2003, Petitioner's father died, and Respondent was appointed Reena's sole guardian. In 2003, Petitioner filed a motion to terminate the guardianship, asserting it was no longer necessary because its purpose was fulfilled. A final hearing on the motion to terminate would be held two months after Petitioner submitted an assessment of his alcohol use. In the meantime, the guardianship continued. In 2004, Respondent moved to dismiss the guardianship because Petitioner failed to submit an alcohol use assessment. The trial court denied the motion to terminate without prejudice to its future renewal. Petitioner did not renew his motion until 2007. The trial court held a hearing in 2009, and on the first day of the hearing, Petitioner submitted the assessment. Ultimately the court decided that Petitioner and his wife failed to show that terminating the guardianship would not "adversely affect [their daughter's] psychological well-being." Petitioner appealed the court's decision. Concluding that a "clear and convincing" standard of proof applied to a guardian's burden of proof in a proceeding to terminate a guardianship established by consent, the Supreme Court found that the trial court applied the wrong burden of proof in Petitioner's case. Accordingly, the Court vacated the trial court's decision and remanded the case for further consideration under the proper burden of proof.
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