Missouri Court of Appeals, Western District / Date unavailable
In the Matter of: Jennifer Kinard vs. Alexa Summit
Jennifer Kinard, a ward with multiple disabilities and a guardian, appealed the probate court's judgment disqualifying her private counsel and dismissing her petition to remove the Public Administrator as her guardian. The probate court had ruled that Kinard, being totally incapacitated, was incapable of hiring counsel, and thus her petition was unauthorized. The appellate court reversed and remanded, finding the probate court abused its discretion in disqualifying counsel without evidence Kinard actually hired them, and consequently erred in dismissing her petition.