PLENARY GUARDIAN OF INCAPACITATED PERSON HAS THE AUTHORITY UPON COURT APPORVAL TO REVISE INCAPACITATED PERSON’S WILL
In the estate litigation case In Re Navarra, PICS Case No.1509698, (C.P. Lawrence, April 26, 2016) the plenary guardian of Sandra Narvarra sought authority of court to revoke and amend her last will and testament revised in light of her husband’s will revised disinheriting her children. In a two-pronged approach, the court determined it had the authority to do so and next sought findings of fact.
Petitioner Chryslie Clarke, daughter and guardian of Sandra Narvarra, had intervened to remove her mother from the marital home with her husband Fred. Fred was seriously injured in an automobile accident in January 2007 and required around-the-clock care while recovering at home. During this time, Sandra began to exhibit sign of mental deterioration and also required care. In May 2007, husband and wife had wills drawn up that contained identical clauses that split residuary estate 70-30 between the “Narvarra children” and Sandra’s children. Issues dealing with stock sales to pay for treatment during this time were addressed elsewhere in this publication.
Alleging mistreatment from a stepdaughter in 2009 petitioner had her mother removed and installed in a nursing home where Fred visited her. Fred revised his will in December 2009 and disinherited Sandra’s children. Fred died in 2012.
At issue presently was whether the courts had the authority to substitute its judgment for Sandra as an incapacitated person and amended her will by codicil or create an irrevocable trust, in order to disinherit Fred’s children, respondents Richard Narvarra, Linda D’Augostine, Charlene Shelledy, Joanne Narvarra, and Chris Narvarra. At the conclusion of hearings, the parties’ agreed to address the issue in two steps, whereby the court would first determine if existing allowed the relief sought by petitioner, and then if the petition should be granted based on specific facts and what changes might be made.
The court found the authority in 20 Pa. C.S.A. 5536, division (b), which addressed the estate plan for incapacitated person. Specifically, it did have the power “to substitute its judgment for that of an incapacitated person with respect to the estate and affairs… for the benefit of the incapacitated person, his family…” A list of example of the powers followed this statutory declaration, which was expressly not limited to the examples. The creation of a trust and modification of the will by codicil or amendment were among the named items.
Given the statutory authority and additional case law precedents, the court determined it had the authority to consider the petition. The next step was to gather facts from counsel of the affected parties, including for Sandra herself, the court order included a timeline for fact-finding.
Reference: Digest of Recent Opinions, Pennsylvania Law Weekly, 39 PLW 546 (June 7, 2016
Filed Under: Substitute of Judgment of Court For Incapacitated Person; Wills & Trust
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