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COA once again rules guardians have no authority to file for divorce

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Indiana law does not allow guardians the ability to petition for the dissolution of marriage on their ward’s behalf, the Indiana Court of Appeals held for the second time in nearly four months. The appeals court reversed the grant of a divorce filed by an incapacitated man’s daughters, who are his co-guardians.

Leora McGee appealed the Lake Superior Court’s grant of the petition filed by Robert McGee’s children Sharon Hilton and Judith Kalajian on his behalf. While Leora McGee was in the hospital, the daughters moved their father to a nursing home out of state and filed the dissolution petition. The McGees had been married for nearly three years. Leora McGee objected to the filing, testifying they had a good marriage.

Citing State ex rel. Quear v. Madison Circuit Court, 229 Ind. 503, 99 N.E.2d 254, 256 (1951) and the July decision in Marriage of Tillman v. Tillman, 87A05-1212-DR-619, the Court of Appeals again pointed out that neither the current Indiana law governing dissolution of marriage nor those governing the guardianship of incapacitated persons provides a means for a guardian to file a petition for dissolution of marriage on behalf of his or her ward.

“In a world full of subsequent marriages and available pre-nuptial agreements, we will not read into a statute such a sweeping and potentially overreaching authority, authority that is not the clearly expressed intent of the General Assembly,” Judge Paul Mathias wrote in In Re the Marriage of Leora McGee v. Robert McGee, 45A04-1301-DR-33.

 

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  1. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

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