Missouri Court of Appeals, Eastern District / Apr 21, 2020
Carl Watkins and Matthew Watkins, Limited Co-Guardians and Full Co-Conservators for Richard Watkins, Appellants, vs. Goose Creek Lake Trustees, Inc., Respondent.
Carl and Matthew Watkins, as co-guardians and co-conservators for Richard Watkins, appealed the trial court's judgment dismissing Watkins' claims and entering judgment for Goose Creek Lake Trustees, Inc. on its counterclaims. The trial court had granted a guardian ad litem's motion to withdraw after the GAL unilaterally determined Watkins' competency off the record. The appellate court reversed the judgment and remanded for a new trial, holding that the trial court misapplied the law by allowing the GAL to determine competency, as the court itself must conduct such an inquiry.