In re Maher

After Francis Maher suffered a stroke leaving him partially paralyzed and severely limited in speech and writing, his son (plaintiff) petitioned for a guardian, initially securing a temporary receiver for Maher's assets; Maher executed a power of attorney naming his son, but the temporary receiver later reported Maher had improved dramatically, and Maher and his guardian ad litem sought dismissal of the guardianship petition. The son nonetheless continued pursuing guardianship, arguing his father was confused and irrational, even as Maher revoked the power of attorney in his son's favor and executed a new one favoring his own attorney; at the hearing, several witnesses testified Maher could understand what was said to him and make his wishes known without speaking, and the lower court dismissed the petition, finding the son hadn't met his burden.