In Re: Guardianship of Minor Children of Lorenzen Wright

Case Number
W2012-02712-COA-R3-CV

This is an appeal from a probate court order in a guardianship case. In a prior action involving the same parties, the circuit court established a trust to hold insurance proceeds due to Minor Children and appointed Mother trustee. Subsequently, the present case was initiated when Grandfather petitioned the probate court to be appointed guardian over separate pension funds due to Minor Children. Mother also sought to be appointed guardian over the pension funds initially, but she later withdrew her request. Despite Mother’s withdrawal, the probate court investigated Mother’s personal finances and became concerned with her management of the previously established trust. The probate court appointed a guardian ad litem to further investigate Mother’s management of the trust. We hold that the probate court acted beyond the scope of its jurisdiction in doing so and therefore vacate the court’s judgment in part and remand for further proceedings.

Authoring Judge
Judge David R. Farmer
Originating Judge
Judge Robert Benham
Case Name
In Re: Guardianship of Minor Children of Lorenzen Wright
Date Filed
Dissent or Concur
No