DON’T THINK YOU ARE FOOLING ANYONE BY BEING UNDERHANDED IN COURT

DON’T THINK YOU ARE FOOLING ANYONE BY BEING UNDERHANDED IN COURT
This is a guardianship case. The trial court appointed a guardian ad litem to do an investigation. A woman claimed to have powers of attorney (POA) over an 86-year old woman’s estate and healthcare. Had the POA financially exploited the elderly woman?
The setting is just before a series of hearings were to take place. The accused POA filed a petition for substitution of judge for cause. She wanted to change judges. The POA asked that a hearing on her petition be transferred for hearing to a different judge. POA argued that the trial judge had said that she had not believed the POA after questioning POA at a prior hearing.
POA’s petition to change judges The petition was not verified by affidavit or otherwise. The Supreme Court said that certain things need to take place before a change of judge can be done. Three requirements must be met – (1) the request must be made by petition. (2) The petition must state the specific cause for a new judge. (3) The petition must be verified by affidavit (sworn to).
The Judge said that the POA’s petition was nothing more than a last-minute effort to derail the guardianship court proceedings. It was not wrong for the trial judge to deny the POA’s petition for a new judge without sending it to a second judge to consider.
The petition was not filed until the POA’s deposition had been taken. That deposition showed the trial judge’s concerns about the POA’s mishandling of the elderly woman’s affairs. The POA was trying to shift away the court’s attention from what was really going on. The POA was looking for additional time to come up with some way to delay her being stripped of her powers of attorney. Also, the POA would have to answer for expenditures she was never able to document or justify.
In re Estate of Wilson, No. 108487, 2010 WL 4126255