Joyce Duffy v. Bartolomie Scire Joyce Duffy v. Estate of Bartolomie Scire. Joyce Duffy v. Estate of Bartolomie Scire.

Syllabus

The plaintiffs appealed a June 7, 2016 judgment of the Superior Court which affirmed certain judicial decisions concerning the estate of their deceased father, Bartolomie Scire. They contended before the Supreme Court that the temporary limited guardianship under which Mr. Scire was placed in 2009 was not, as the Superior Court had held, dismissed in 2010, but instead remained in effect until 2012. As such, they argued, a will that Mr. Scire executed in 2011 was invalid because the Probate Court decree concerning the guardianship had included a specific provision prohibiting Mr. Scire from engaging in estate planning, including revoking or drafting a will. The Supreme Court held that Mr. Scire's 2011 will was valid because the temporary limited guardianship and its attendant conditions were dismissed by an order of the Probate Court in 2010 after the probate judge heard testimony from Mr. Scire's primary care physician that he was not in need of a substitute decision maker. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.