Mattie and Willie Mayberry had been married for 52 years. In 2016, they traveled to California to stay with their daughter, Lisa, while Willie participated in a medical trial for Alzheimer’s patients. While in California, both Mattie and Willie executed powers of attorney and health care directives. The powers of attorney appointed Lisa as their attorney-in-fact. Mattie continued to serve as Willie’s primary caregiver while they were in California, but she and Lisa began to have numerous disagreements, so much so that Mattie and Willie decided to return to Mississippi. Mattie and Lisa’s disagreements over Willie’s care worsened. Mattie continued to care for Willie at home with the assistance of sitters. Mattie filed a petition to be appointed Willie’s guardian and conservator. She felt she was the best person to serve as Willie’s guardian and conservator because she was his primary caregiver and saw him every day, and she wanted more control over what happened in her own home.

Lisa objected to the petition, and Willie’s brother and sister, Murphy Mayberry and Minnie Mayberry, who also had difficult relationships with Mattie, joined in Lisa’s objection. Following a hearing on the petition, the chancellor found that Willie required a guardian and conservator, he was best served by remaining at home, and that Mattie was best situated to make decisions about Willie’s finances and medical care. Lisa appealed. The appellate court affirmed the chancellor’s judgment, finding there was credible evidence presented to support the chancellor’s determination that Mattie was best qualified to serve as Willie’s guardian and conservator. The chancellor also found it problematic that Lisa was making decisions without consulting or communicating with Mattie.

The court noted that, in determining the best qualified person to serve as conservator, the court shall consider the person’s relationship with the respondent, the person’s skills, the expressed wishes of the respondent including any designation made in a will, durable power of attorney, or health-care directive, the extent to which the person and the respondent have similar values and preferences, and the likelihood the person will be able to perform the duties of a conservator successfully. The court, acting in the best interest of the respondent, may decline to appoint as conservator a person appointed by the incapacitated person in their power of attorney.

Find the opinion here.