No. 1 CA-CV 94-0520.

184 Ariz. 514 (1996)

910 P.2d 665

In re the Matter of the GUARDIANSHIP OF Francis H. KELLY, an Adult Protected Person. Donald KELLY and Joyce Kelly, Interested Parties-Appellants, v. Nancy ELLISTON, Guardian-Appellee, Connie Buessing, Petitioner-Appellee, and Francis H. Kelly, an Adult Protected Person, by David W. Adams, Court Appointed Counsel for Protected Person-Appellee.

Court of Appeals of Arizona, Division 1, Department A.

January 25, 1996.

Attorney(s) appearing for the Case

C. William Mulligan, III, Tempe, for Appellants.

Law Offices of Charles J. Dyer by Charles J. Dyer, Phoenix, for Guardian-Appellee.

Charles L. Arnold, P.C. by Wendy Schwartz Laskin, Phoenix, for Appellee Connie Buessing.

David W. Adams, II, Saskatoon, Saskatchewan, Court Appointed Attorney for Protected Person-Appellee.


GERBER, Judge.

In this appeal, we consider whether the probate court abused its discretion (1) in finding that the appointment of an incapacitated person's guardian was necessary and (2) in appointing an independent third party as guardian rather than one of the ward's adult children. We hold that clear and convincing evidence supported the court's determination that the ward was incapacitated and in need of a guardian. We further hold that under Arizona...

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