In The Matter of the Conservatorship of Doris Davenport Doris Davenport, Doris Davenport, et al. v. Ruth Adair, et al.

In this conservatorship case, we are asked to evaluate the probate court's decision that an elderly female was mentally disabled and in need of the court's assistance. The elderly female executed two powers of attorney for health care; one in 1996 and the other in 2003 after the nieces of the elderly female filed their petition in this case to appoint a conservator. The attorney-in-fact under both powers of attorney filed a counter-petition asking the probate court to appoint her conservator over the elderly female. The probate court ruled that the power of attorney executed in 1996 was void due to improper execution and that the power of attorney executed in 2003 was void because it was executed while the elderly female was mentally disabled. The probate court found that the elderly female's nieces and the attorney-in-fact should not serve as conservators in this case. Instead, the probate court appointed the public guardian to serve as the elderly female's conservator. The attorney-in-fact and the elderly female filed an appeal to this Court. We affirm in part and reverse in part.