In re Guardianship of Atkins
Court of Appeals of Indiana
868 N.E.2d 878 (Ind. App. 2007)
After Patrick Atkins suffered a ruptured aneurysm, stroke, and hemorrhage, his 25-year partner Brett Conrad (plaintiff) sought to visit him, but Patrick's mother Jeanne disapproved of the same-sex relationship on religious grounds and stated she would rather Patrick not recover at all than continue living with Brett. Conrad petitioned for guardianship; Jeanne and her husband cross-petitioned as co-guardians. A court-appointed guardian ad litem concluded continued contact with Brett benefited Patrick's recovery and recommended both sides have regular access regardless of who was named guardian, but the Atkinses cut off all contact with Brett anyway. The trial court declined the guardian ad litem's recommendation, denied Conrad's visitation petition, and appointed the Atkinses co-guardians.
Although a trial court has discretion over guardianship determinations for an incapacitated person, must the court make decisions that are in the best interests of the ward?