Court: Court of Appeals of Mississippi; October 9, 2012; Mississippi; State Appellate Court
On August 9, 2011, the Madison County Chancery Court established a conservatorship for Medora Weaver, prompted by a petition from her niece, Caryn S. Quilter, who requested to be appointed as conservator. Weaver's brother, John A. Salter, initially supported the conservatorship but sought to be appointed instead. Due to their conflict, the court appointed Arthur Johnston, the Chancery Clerk, as conservator. Salter appealed, arguing both against the establishment of the conservatorship and the appointment of Johnston.
Weaver, who resided in Houston, Texas, moved to an assisted-living facility in Mississippi in June 2011 after Quilter, concerned about her health, decided it was in Weaver’s best interest. Quilter's petition included certificates from Dr. Rebekah Moulder and Dr. Heath Gordon, affirming Weaver's incapacity to manage her own affairs due to physical and mental infirmities. Salter countered with a petition for his appointment, citing his prior experience as a conservator for their mother and claiming Weaver had requested his assistance.
During the hearing, Salter testified about his relationship with Weaver, while Quilter described her longstanding connection with Weaver, who had granted her power of attorney. However, she expressed concerns about the feasibility of joint responsibility due to the contentious nature of her relationship with Salter. Weaver, when allowed to speak, displayed confusion, claimed Quilter had stolen from her, and mentioned her diagnosis of Alzheimer’s disease.
The chancery court, after considering the evidence and testimonies, concluded that a conservatorship was warranted and determined that an "objective, non-related person" was best suited for the role, thus appointing Johnston as conservator. The court's decision was affirmed upon appeal, finding no error in the establishment of the conservatorship or the appointment made.
Additional facts relevant to the analysis and discussion of the issues will be provided as necessary. An appellate court affirms a chancery court’s decision if it is based on "substantial credible evidence," as established in *In re Estate of Carter*, 912 So.2d 138, 143 (Miss. 2005), and will not intervene unless the chancery court was manifestly wrong, clearly erroneous, or applied an incorrect legal standard.
Salter argues that the chancery court erred in concluding that a conservatorship was in Weaver’s best interest, as permitted under Mississippi Code Annotated section 93-13-251 for individuals incapable of managing their estate due to age, incapacity, or mental weakness. However, substantial evidence supports the chancery court’s decision, including Salter’s initial agreement to the conservatorship and statements from two doctors confirming Weaver’s incapacity to manage her needs and finances. Weaver also disclosed her Alzheimer’s diagnosis, affirming her mental decline, which justified the court's decision.
Regarding the appointment of a conservator, Salter claims he should be chosen due to Weaver's request and his experience, asserting that he deserves preference as her brother. However, Mississippi law does not prioritize next-of-kin for conservatorship roles. The chancery court decided that a non-relative was more suitable based on the contentious relationship between Salter and another party, Quilter. Consequently, the court’s choice of Johnston as conservator was upheld.
The judgment of the Chancery Court of Madison County is affirmed, with all appeal costs assigned to the appellant. The record does not specify Weaver’s age.
