Domestic Relations-Appointment of Guardian-Sufficiency of Evidence

Mother appealed the denial of her petition for appointment of a guardian for her son, challenging the sufficiency of the evidence supporting the trial court’s determination and arguing that the trial court erred in refusing to shift the burden of proof to her son to prove that he was not incapacitated. Mother had presented testimony from a psychiatrist who had treated son in the emergency room for schizophrenia, who opined that a guardian was necessary to ensure son remained medication-compliant but acknowledged a lack of knowledge of son’s current medical condition.

Where a petitioner for appointment of guardian bore the burden of proof to show that a person was incapacitated and in need of a guardian, the trial court correctly declined to shift the burden of proof to son, and substantial evidence was not needed to sustain a judgment against mother as the party bearing the burden of proof.

Judgment is affirmed.

In the Matter of: Davis (MLW No. 84903/Case No. WD88339 – 12 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Jackson County, Styles, J. (Cynthia M. Norris, Lee’s Summit for appellant) (R. Dyan Zimmerman, Blue Springs for respondent)