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Abstract: 

In 2005, Jean Wells executed a health care directive that named Nancy Frey, one of her daughters, as her health care agent and her other daughter, Diane Vandermolen, as the alternate. When Wells began showing signs of dementia as a result of Alzheimer’s disease, she was admitted to a long-term care facility near Frey’s home in Hugo, MN. Frey filed a petition to be named as guardian, as per the directive that had been prepared earlier. Vandermolen filed an objection, seeking to replace Frey, be named as coguardian, or to have an independent guardian appointed. A court expert determined that Wells lacked capacity to voice an opinion on who should be appointed. This article discusses the details and outcome of that case.

Keywords: third-party guardian

Affiliations:  1: Fordham Law School.