Justice Laura Visitación-Lewis
The alleged incapacitated person’s (AIP) attorneys, Burton and Donald Citak, challenged the legitimacy of the court’s adjudication of the AIP, Dr. E.D., as a person in need of a guardian. They sought to re-litigate the temporary five-year guardianship established for E.D. Petitioner’s attorney sought to remove E.D.’s attorneys arguing conflict of interest, making frivolous and false allegations, and engaging in unethical and unprofessional behavior. The court agreed, noting that in a flagrant disregard and denial of their prior consent to the guardianship, the Citaks, instead impugned the integrity and credibility of the court seeking the court’s recusal, and dismissal of petitioner’s application for the appointment of a guardian for E.D. The court found, based on the record, the Citaks specifically requested and consented to a trial five month guardianship, and a later order establishing a five year guardianship for the 94 year old AIP. Thus, it concluded the Citaks’ motions were deemed to constitute frivolous conduct and a hearing would be held affording them an opportunity to be heard regarding imposition of costs and sanctions for such conduct. Petitioner’s motion was held in abeyance pending resolution of the matter.
