Matter of Guardianship of Hedin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting the guardians bear the burden to show by clear and convincing evidence the guardianship should not be terminated
• “[A] petition to terminate a guardianship is triable as a proceeding in equity. Our review then is de novo.”
• “[T]he court must consider the availability of third-party assistance to meet a [respondent’s] need . . . if credible evidence of such assistance is adduced from any source.”
• where guardianship is voluntarily imposed, once ward has made prima facie showing that ward has decision making- capacity, the guardian has the burden of proving by clear and convincing evidence the ward’s incompetency, but the burden of persuasion always rests on the guardian
• extending legislative preference to termination proceedings
• extending legislative preference to termination proceedings

Source: CourtListener parenthetical corpus (CC0).