Justice Alexander Hunter Jr.
A petition was filed for the appointment of a guardian of the person and property of L.J.L., an alleged incapacitated person (AIP). The parties discussed settlement of the issues in which the AIP would consent to the appointment of attorney J.B. as a special guardian for a one year term. The court evaluator expressed concerns if the AIP had the requisite capacity to consent to the guardianship citing her extended history of alcoholism. The court noted V.L. the AIP’s social worker, stated the AIP did not require 24 hour care, and believed she may go home from the nursing home in which she currently resided. She believed the AIP did not need to complete a detoxification or rehabilitation program, stating she believed the AIP had the capacity to consent to a guardianship. The court further found the AIP consented to a limited guardianship with J.B. serving as the guardian for a one year term. The AIP’s attorney also requested, based on the AIP’s consent, appointment of J.B. with powers limited to effectuating a safe discharge, setting up a trust and determining the AIP’s housing with input from the AIP. The court concluded the AIP had the capacity to consent to the guardianship as she was able to clearly voice her opinion and reasons for consenting to same. Thus, it appointed J.B.