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Wills, Trusts & Estates keyed to Dobris
In re Maher
Facts
Attorney Respondent suffered a stroke that left him with right-sided hemiplegia and aphasia. Petitioner sought guardianship of Respondent’s property, arguing in the lower court that Respondent was unable to handle his financial and business affairs. Petitioner had initially begun the conservatorship proceeding, then revoked the proceeding because Respondent had markedly improved in Petitioner’s opinion, and then reinstituted the action when Respondent appeared “confused and irrational” and insisted on marrying a woman whom Respondent had been dating since the death of his first wife. The lower court dismissed the petition with prejudice, stating that Petitioner had not met the burden of demonstrating by a clear and convincing standard that Respondent was in need of guardianship. Petitioner appeals this ruling.
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